@article{article_1003581, title={CHALLENGES OF INVOKING ENVIRONMENTAL RIGHTS BEFORE THE TURKISH CONSTITUTIONAL COURT: MEHMET KURT CASE}, journal={İstanbul Medeniyet Üniversitesi Hukuk Fakültesi Dergisi}, volume={6}, pages={1–27}, year={2021}, author={Olgunsoy, Feyzan}, keywords={Sağlıklı ve dengeli bir çevrede yaşama hakkı, Anayasa Mahkemesi, Bireysel başvuru, Çevre davaları, Pozitif yükümlülükler}, abstract={The increased industrial activities of corporations have triggered the occurrence of many major incidents that have led to concomitant environmental degradation. The increasing amount of greenhouse gases, the loss of biodiversity, the exploitation of natural resources and the dispersal of hazardous substances are just a few of the incidents that have occurred. Victims of man-made environmental disasters seek legal remedies for a greater protection of environmental rights. One possible legal response is to rely on human rights litigation such as filing individual applications before constitutional courts. The Turkish Constitutional Court has jurisdiction to review individual applications regarding the fundamental rights and freedoms. In Article 56, the 1982 Constitution of Turkey recognizes the right to live in a healthy and balanced environment; however, a question arise as to whether the implementation of individual application allows to invoke Article 56 effectively in environmental matters. This study aims to demonstrate the potential and pitfalls of individual application to protect environmental rights in Turkey with specific reference to Mehmet Kurt case. A prominent environmental litigation in Turkey, Mehmet Kurt Case illustrates the challenges of individual application and highlights the positive obligations of the state regarding environmental matters.}, number={11}, publisher={İstanbul Medeniyet Üniversitesi}