The State shall fulfil this task by utilizing and supervising health and social assistance
institutions, in both the public and private sectors. In order to establish widespread health
services, general health insurance may be introduced by law (para. 4).
Several articles also touch upon the duties of the State regarding environmental
protection and its different aspects. To illustrate, the State is held responsible for
taking the measures required to benefit from the sea coasts, lake shores, river banks,
the coastal strip along the sea and lakes (Art. 43); to maintain and promote efficient
land cultivation and prevent its loss through erosion (Art. 44); to prevent improper
use and destruction of agricultural land, meadows and pastures (Art. 45); to provide
housing, for which plans are prepared on the basis of the characteristics of cities and
also environmental conditions (Art. 57); to protect the historical, cultural and natural assets and wealth (Art. 63); to preserve, improve and manage forest areas and
their integrity (Art. 169); and also to improve their inhabitants’ living conditions
and cooperation between these inhabitants and the State (Art. 170).
That is, the 1982 Constitution encompasses various provisions on the duties of
the State regarding environmental protection, and hence provisions directly or
indirectly related to the protection and development of the environment. However,
with regard to these duties of the State, the Constitution also brings a very important
exception to performing them. Indeed, Article 65 frankly puts forward that: “The
State shall fulfil its duties …within the capacity of its financial resources, taking
into consideration the priorities appropriate with the aims of these duties” [emphasis added].
According to this article, the State may therefore decide to fulfil the social and
economic duties assigned to it by the Constitution on the basis of the priorities in
line with its aims. More importantly, it may conduct them within the limits of its
financial resources, i.e. it is not obliged to fulfil them if its financial capacity to do
so is inadequate.
3.3.2 Under International Environmental Law
International Environmental Law (IEL) provides appropriate legal frameworks on
environmental issues and thus promotes cooperation and coherent action among
different parties at different levels, global, regional and national.
It is a young field particularly developed with the aid of the United Nations
(UN) through the organization of global conferences like the United Nations
Conference on Sustainable Development (Rio+20), held in Rio de Janeiro in 2012.
Other factors which have helped to increase public attention on environmental
problems at international level since the late 1960s include the establishment of
numerous institutions, specialized agencies and semi-autonomous bodies like the
United Nations Environment Programme (UNEP), and the environmental treaties
adopted as a consequence of the UN’s efforts, like the ones on Biodiversity, Climate
Change and Desertification, which derive directly from the 1992 Rio Conference.
3 Drawing a General Framework for Turkish Environmental Law
39
institutions, in both the public and private sectors. In order to establish widespread health
services, general health insurance may be introduced by law (para. 4).
Several articles also touch upon the duties of the State regarding environmental
protection and its different aspects. To illustrate, the State is held responsible for
taking the measures required to benefit from the sea coasts, lake shores, river banks,
the coastal strip along the sea and lakes (Art. 43); to maintain and promote efficient
land cultivation and prevent its loss through erosion (Art. 44); to prevent improper
use and destruction of agricultural land, meadows and pastures (Art. 45); to provide
housing, for which plans are prepared on the basis of the characteristics of cities and
also environmental conditions (Art. 57); to protect the historical, cultural and natural assets and wealth (Art. 63); to preserve, improve and manage forest areas and
their integrity (Art. 169); and also to improve their inhabitants’ living conditions
and cooperation between these inhabitants and the State (Art. 170).
That is, the 1982 Constitution encompasses various provisions on the duties of
the State regarding environmental protection, and hence provisions directly or
indirectly related to the protection and development of the environment. However,
with regard to these duties of the State, the Constitution also brings a very important
exception to performing them. Indeed, Article 65 frankly puts forward that: “The
State shall fulfil its duties …within the capacity of its financial resources, taking
into consideration the priorities appropriate with the aims of these duties” [emphasis added].
According to this article, the State may therefore decide to fulfil the social and
economic duties assigned to it by the Constitution on the basis of the priorities in
line with its aims. More importantly, it may conduct them within the limits of its
financial resources, i.e. it is not obliged to fulfil them if its financial capacity to do
so is inadequate.
3.3.2 Under International Environmental Law
International Environmental Law (IEL) provides appropriate legal frameworks on
environmental issues and thus promotes cooperation and coherent action among
different parties at different levels, global, regional and national.
It is a young field particularly developed with the aid of the United Nations
(UN) through the organization of global conferences like the United Nations
Conference on Sustainable Development (Rio+20), held in Rio de Janeiro in 2012.
Other factors which have helped to increase public attention on environmental
problems at international level since the late 1960s include the establishment of
numerous institutions, specialized agencies and semi-autonomous bodies like the
United Nations Environment Programme (UNEP), and the environmental treaties
adopted as a consequence of the UN’s efforts, like the ones on Biodiversity, Climate
Change and Desertification, which derive directly from the 1992 Rio Conference.
3 Drawing a General Framework for Turkish Environmental Law
39