The Doctrine of Positive Obligations as a Starting Point for Climate Litigation in Strasbourg: The European Court of Human Rights as a Hilfssheriff in Combating Climate Change?

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Date

2020-07-01

Authors

Braig, Katharina Franziska
Panov, Stoyan

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

Climate change is a severe threat to the realization of several fundamental human rights, such as the right to life, the right to private life, and the right to health. In order to guarantee that the protection of the European Court of Human Rights (ECtHR) remains effective, we might have to acknowledge that climate change also poses a threat to the rights protected under the European Convention on Human Rights (ECHR). Although the ECtHR has not yet explicitly developed case law on climate change-related cases, this Article discusses the applicability and suitability of the ECtHR in protecting the rights of individuals against the implications of climate change.

Description

38 pages

Keywords

Environmental protection, International law, Climate change, Human rights

Citation

35 J. Envtl. L. & Litig. 261