CHALLENGES OF INVOKING ENVIRONMENTAL RIGHTS BEFORE THE TURKISH CONSTITUTIONAL COURT: MEHMET KURT CASE

Abstract

The increased industrial activities of corporations have triggered the occurrenceof many major incidents that have led to concomitant environmental degradation.The increasing amount of greenhouse gases, the loss of biodiversity, theexploitation of natural resources and the dispersal of hazardous substances are justa few of the incidents that have occurred. Victims of man-made environmentaldisasters seek legal remedies for a greater protection of environmental rights. Onepossible legal response is to rely on human rights litigation such as filingindividual applications before constitutional courts. The Turkish ConstitutionalCourt has jurisdiction to review individual applications regarding the fundamentalrights and freedoms. In Article 56, the 1982 Constitution of Turkey recognizes theright to live in a healthy and balanced environment; however, a question arise asto whether the implementation of individual application allows to invoke Article56 effectively in environmental matters. This study aims to demonstrate thepotential and pitfalls of individual application to protect environmental rights inTurkey with specific reference to Mehmet Kurt case. A prominent environmentallitigation in Turkey, Mehmet Kurt Case illustrates the challenges of individualapplication and highlights the positive obligations of the state regardingenvironmental matters.