the environment, emphasizes the importance of protecting and developing the
environment surrounding mankind for the sake of humanity and worldwide economic development. The capacity to change the natural environment might create
the opportunity to improve the quality of life for all people; if this capacity is
enjoyed wrongly or carelessly, this might cause immeasurable costs and harm to
humans and environment.
4.2.1.1 The Turkish Constitution – Right to Environment
The environmental problems in Turkey began with urbanization in the 1970s. After
that, the legal framework for issues related to the environment emerged in the form
of legal arrangements designed to settle these problems. “Environmental law”
started to be recognized as a new and independent branch of law within the legal
system on the adoption of the 1982 Constitution and the Environmental Law
(Aybay, 1992: 213).
Turkish environmental legislation consists of primarily the 56th Article of the
Constitution, which is directly related to the environment, together with other
articles indirectly related, Environmental Law No. 2872 and its related by-laws, and
other legal arrangements. There is a legal provision regarding Right to Environment
in Article 56 of the 1982 Constitution under the heading “Health Services and
Protection of Environment”, mentioned in the “Social and Economic Rights and
Duties” part of the section “Fundamental Rights and Duties” in the Constitution.
Article 56 stipulates that “Everyone has the right to live in a healthy and balanced
environment. It is the State’s and citizens’ duty to improve the environment, protect
environmental health and prevent environmental pollution. The State shall regulate
central planning and functioning of the health services to ensure that everyone leads
a healthy life physically and mentally, and provide cooperation by saving and
increasing productivity in human and material resources. The State shall fulfill this
task by utilizing and supervising the health and social assistance institutions, in both
the public and private sectors.” The 1982 Constitution regulated the right to health
and right to the environment in the same article and became one of the constitutions
recognizing the right to the environment on quite a comprehensive basis with
Article 56. The right to the environment has been emphasized in many judicial
decisions because this relevant provision, which grants the right to make direct
claims to the relevant public authority, is directly applicable.
According to the 1982 Constitution, other articles related to the protection of
nature are as follows:
– In Article 43 of the Constitution, it is decided that the coasts are under the
sovereignty and disposal of the State, and in the utilization of sea coasts, lake
shores or riverbanks, and of the coastal strip along the sea and lakes, public
interest shall be taken into consideration with priority.
– Article 63 of the Constitution says that the State shall ensure the conservation of
historical, cultural and natural assets and wealth, and shall take supportive and
4 Environmental Administration in Turkey
57
environment surrounding mankind for the sake of humanity and worldwide economic development. The capacity to change the natural environment might create
the opportunity to improve the quality of life for all people; if this capacity is
enjoyed wrongly or carelessly, this might cause immeasurable costs and harm to
humans and environment.
4.2.1.1 The Turkish Constitution – Right to Environment
The environmental problems in Turkey began with urbanization in the 1970s. After
that, the legal framework for issues related to the environment emerged in the form
of legal arrangements designed to settle these problems. “Environmental law”
started to be recognized as a new and independent branch of law within the legal
system on the adoption of the 1982 Constitution and the Environmental Law
(Aybay, 1992: 213).
Turkish environmental legislation consists of primarily the 56th Article of the
Constitution, which is directly related to the environment, together with other
articles indirectly related, Environmental Law No. 2872 and its related by-laws, and
other legal arrangements. There is a legal provision regarding Right to Environment
in Article 56 of the 1982 Constitution under the heading “Health Services and
Protection of Environment”, mentioned in the “Social and Economic Rights and
Duties” part of the section “Fundamental Rights and Duties” in the Constitution.
Article 56 stipulates that “Everyone has the right to live in a healthy and balanced
environment. It is the State’s and citizens’ duty to improve the environment, protect
environmental health and prevent environmental pollution. The State shall regulate
central planning and functioning of the health services to ensure that everyone leads
a healthy life physically and mentally, and provide cooperation by saving and
increasing productivity in human and material resources. The State shall fulfill this
task by utilizing and supervising the health and social assistance institutions, in both
the public and private sectors.” The 1982 Constitution regulated the right to health
and right to the environment in the same article and became one of the constitutions
recognizing the right to the environment on quite a comprehensive basis with
Article 56. The right to the environment has been emphasized in many judicial
decisions because this relevant provision, which grants the right to make direct
claims to the relevant public authority, is directly applicable.
According to the 1982 Constitution, other articles related to the protection of
nature are as follows:
– In Article 43 of the Constitution, it is decided that the coasts are under the
sovereignty and disposal of the State, and in the utilization of sea coasts, lake
shores or riverbanks, and of the coastal strip along the sea and lakes, public
interest shall be taken into consideration with priority.
– Article 63 of the Constitution says that the State shall ensure the conservation of
historical, cultural and natural assets and wealth, and shall take supportive and
4 Environmental Administration in Turkey
57