Search results for "incertitude scientifique"

European protection of fundamental rights in environmental matters. Contribution to the study of the relationship between law and science

2019

The prevention and sanction aspects of the protection against the pollution is manifested in Europe by the combination and complementarity of two matters (environment and fundamental rights) and two legal orders (European Union and Council of Europe). They consist of the protection of the environment that a person can expect to obtain in the context of the protection of these rights. They allow the management of "new risks" and the assimilation of pollution to a violation of a fundamental right under conditions including scientific knowledge. Protection of fundamental rights in environmental matters raises the question of the place given to scientific demonstration in jurisdictional work an…