5G Technology and the Precautionary Principle Under the European Convention on Human Rights

To this date, more than 400 scientists have signed a warning launched in 2017 which emphasised the potential risks that the new 5G technology could pose to human health. Despite the fact that numerous reports from international institutions such as the World Health Organization (WHO) and the European Union (EU) emphasise the need for further research into the long-term effects of radiofrequency electromagnetic radiation fields (EMF), some studies have already demonstrated adverse effects on children and animals. The International Agency for Research on Cancer (IARC) classified radiofrequency EMF as possibly carcinogenic to humans in 2001. The International Commission on Non-Ionizing Radiation Protection (ICNIRP), a private organization, establishes radiation thresholds that are then adopted by States. The article examines the precautionary principle's application in the Tătar case by the European Court of Human Rights (ECtHR) and then compares the Tătar judicial policy to cases in which the ECtHR dismissed appeals alleging that electromagnetic damage could cause harm to humans. The article concludes by proposing that, when it comes to new technologies, the ECtHR should consider pre-existing standards in a flexible manner, in accordance with an approach in which scientific knowledge is not considered as a static element, but rather as one that is constantly evolving. This concept is best realised through a case-by-case evaluation rather than by primarily referring to general standards.