Summary

Decision-makers of different levels are often confronted with a situation where it is necessary to consider the rights and freedoms of natural and legal persons, on the one hand, and to protect the environment, on the other. The complexity of the problem lies in the fact that decisions pertaining to the environment are often to be made under conditions of scientific uncertainty. The author looks at problems faced in associating the principle of carefulness with the environmental rights of persons. The author examines whether the principle of carefulness can only be regarded as a general principle underlying environmental policy or whether it has also legal force in the implementation of environmental policy and in the exercise of rights. The author analyses the purpose, basic elements and sources of the principle of carefulness, looks at the shared properties and differences of benefits protected by human rights and environmental rights and addresses problems aggravating the association of the environment with human rights. The author also briefly looks at the Aarhus Convention that links environmental rights with procedural rights. Possible links between the principle of carefulness and environmental rights are examined on the basis of the three pillar system proposed by the Aarhus Convention distinguishing the right to information, the right to take part in the decision-making process and the right of access to justice.