Grimkovskaya v. Ukraine

Submitted by Kelly Russo on Fri, 07/22/2011 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Ukraine violated Article 8 of the European Convention on Human Rights by rerouting the Chisinau-Volgograd Motorway through the applicant's residential street, which was unequipped to deal with high volumes of traffic, without providing proper environmental monitoring and management. Article 8 recognizes the right to respect for private life and home. The Court found that the Government failed to show that construction of the roadway was preceded by adequate environmental feasibility studies and followed by the implementation of a reasonable environmental management policy. The Court also found that, contrary to the provisions set forth in the Aarhus Convention ("Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters"), ratified by the Ukraine in 1999, it was not shown that the applicant was afforded a meaningful opportunity to contribute to the decision-making process.