Fadeyeva v. Russia

Submitted by Kelly Russo on Fri, 06/10/2005 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the Russian Federation violated Article 8 of the European Convention on Human Rights by failing to demonstrate how it took individual interests into account in regulating the pollution produced by a steel plant that had adverse side effects on the health of the applicant and other local residents. Article 8 of the European Convention on Human Rights recognizes the right of European peoples to respect for their private lives and homes. Although the State claimed to have subjected the plant to various checks, administrative orders and penalties as a measure of environmental protection, the Court could not establish the existence of an overall policy or assess the extent to which these sanctions encouraged the plant to provide environmental safeguards. Despite the wide margin of appreciation left to the State to deal with such matters, the Court determined that there was no indication that the State designed or applied effective measures that would take into account the interests of the local population living in the zone of pollution. Accordingly, the Court held that the State breached its duties under Article 8.