November 27, 2013 | Hana Müllerová on 'The right to a favourable environment in the Czech Constitution and its application'
JUDr. Hana Müllerová, Ph.D. holds a position of a Research Fellow in the Institute of State and Law of the Czech Academy of Sciences, Prague, where she specializes in environmental law. She has a Ph.D. from the Faculty of Law, Charles University in Prague, where she also currently works as an External Lecturer at the Department of Environmental Law. In 1999 – 2002 she worked for the Legislative Department of the Ministry of the Environment of the Czech Republic. She is the vice-chairwoman of the Czech Society for Environmental Law. She has published in Czech and English on issues of the human right to environment, the role of the ECHR in environmental protection, the public participation in environmental decision-making, and animal law. Program
Room M.103, M Building (De Meerminne Building), Sint-Jacobstraat 2, 2000 Antwerpen.
Incorporating the human right to a favourable environment in the Czech constitutional Charter of Fundamental Rights and Freedoms dates back to 1993. However, this right remains very rarely applied, due to several legislative and interpretative reasons. In her contribution, Hana Müllerová will introduce the cornerstone cases before the Czech Constitutional Court that helped to establish the current judicial interpretation of the right but that at the same time led to entombing its practical enforcement. She will reflect the merit of human rights related directly to environmental quality as such and the preconditions that seem to be crucial in order to have this human right representing the so called third generation of human rights a living part of the human rights legislation.