Theoretical reflections on compensation for non-pecuniary damage arising from the violation of the right to a healthy environment

The Constitution of the Republic of Serbia guarantees the right to a healthy environment, while the Law on Contracts and Torts leaves room for compensation for non-pecuniary damage arising from the violation of personal rights. The paper analyzes whether the right to a healthy environment is considered a personal right, what constitutes its violation, and whether a lawsuit for compensation for non-pecuniary damage arising from the violation of this right is the most effective mechanism for protecting the rights of persons endangered by pollution.