Fadeyeva v. Russia
European Court of Human Rights
App. No. 55723/00, Eur. Ct. H.R. 2005-IV,  Eur. Ct. H.R. 376 (2005)
The town of Cherepovets was the site of a major steel-production plant. To protect the residents of Cherepovets from excessive pollution, Russia (defendant) created a 5,000-meter buffer zone around the plant, later reduced to 1,000 meters. Within that zone, pollution could exceed statutory requirements, and residential inhabitants were to be resettled. Over the years, multiple studies found extreme pollution in the town’s residential areas causing severe health problems in Cherepovets’ residents. The steel plant was required to reduce its toxic emissions to safe levels and finance residential-property construction outside the buffer zone. Nadezhda Fadeyeva (plaintiff) lived in an apartment in the zone, about 450 meters from the steel plant. Fadeyeva moved into the zone voluntarily, but housing was scarce, and most residential buildings in industrial towns belonged to the Russian state. Fadeyeva experienced health problems due to the pollution caused by the plant. In 1995, Fadeyeva brought an action seeking resettlement outside the zone. The court ruled that Fadeyeva would be placed on a waiting list for relocation, but no further action was taken. In the European Court of Human Rights, Fadeyeva alleged a violation of Article 8 of the European Convention on Human Rights (ECHR) regarding the right to respect for Fadeyeva’s private and family life. Fadeyeva argued that Russia’s failure to resettle her outside the zone, as well as Russia’s failure to regulate the steel plant, violated the ECHR.
Rule of Law
Holding and Reasoning (Lorenzen, J.)
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