Ecological Rights as the Objects of Judicial Protection (Considering Practice of the European Court of Human Rights)
Bibliographic record
Abstract
The article presents a scientific analysis of the theoretical and legal opinions and regulations of domestic legislation concerning ecological rights and their kinds.A particular attention is paid to the analysis of ecological rights, which are declared in the Constitution of Ukraine.The research substantiates that the right to an environment that is safe for life and health, which is recognized in the Article 50 of the Constitution of Ukraine, is a principal and inherent right of people.It is confirmed that human ecological rights are of great social importance, and their appropriate defense should contribute to ceasing social tension in the society, which can be caused by different negative factors, particularly in the periods of pandemic and other mass spreading of infectious diseases.The authors of the article make suggestions that judicial form is definitely a leading form of the ecological right protection.Judicial protection of ecological rights can be implemented under the civil, economic or administrative procedure.According to the Article 55 of the Constitution of Ukraine, ecological rights can be the objects of defense at the European Court of Human Rights in case when, after exhausting all domestic legal remedies, a person has not got the adequate judicial protection.It is determined that ecological rights are not separately highlighted in the Convention for the Protection of Human Rights and Fundamental Freedoms, whereas in its numerous decisions the European Court of Human Rights has noted violation of the ecological rights in combination with violation of other human rights, declared by the Constitution, e.g. the right to life.It is concluded that the European Court of Human Rights recognizes and highly appreciates ecological rights of people, and therefore, considering the precedent value of the Court judgement, it is necessary for Ukrainian courts to be more active in implementing the practice of the European Court of Human Rights while handling trials on defense of human ecological rights.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.022 | 0.029 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.007 | 0.032 |
| Scholarly communication | 0.019 | 0.011 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.013 | 0.010 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".