Incorporating International Climate Change Law to Maintain the ECHR’s Relevance Amid the Climate Crisis “Everything could be different – and yet there is almost nothing I can change.” This is, as Niklas Luhmann observed, the paradoxical blend that modern democracies impose on citizens, inviting either utopianism or fatalism. Disillusionment with the […]
European Court of Human Rights
17 posts
The climate rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) are landmark decisions. However, it is not obvious what they mean precisely for the State parties of the European Convention on Human Rights (ECHR). Have we witnessed, in Verein KlimaSeniorinnen Schweiz, a landslide victory for […]
On April 9, 2024, the European Court of Human Rights (ECtHR) issued its first-ever findings concerning climate change. This post, part of a series on the ECtHR decisions, discusses Duarte Agostinho and Others v. 32 Member States. The case was brought by six youth applicants from Portugal, who alleged breaches […]
States’ extraterritorial jurisdiction was one of the hot topics decided by the European Court of Human Rights (ECtHR) in Duarte Agostinho. Strictly speaking, the “lack of it” led the ECtHR to declare the complaint inadmissible with respect to all defendant States except Portugal. This finding is in line with previous […]
The much-awaited European Court of Human Rights (ECtHR) Grand Chamber rulings in three key climate cases have arrived, with two ruled inadmissible (Carême v. France and Duarte Agostinho and Others v. Portugal and 32 Others) and one, brought by senior Swiss women, successful on the merits Verein KlimaSeniorinnen Schweiz and […]
The three much-awaited judgments issued by the European Court of Human Rights (ECtHR) on April 9, 2024 are truly historic and unprecedented. In Verein Klimaseniorinnen Schweiz and Others v. Switzerland, the Grand Chamber established that climate change is “one of the most pressing issues of our times” and poses a […]
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change. In […]
Adjudication typically looks backward: it runs after the facts. This is also true for human rights adjudication and the activity of the European Court of Human Rights (ECtHR). The ECtHR was built on the idea that individuals who suffered (past tense) or suffer (present tense) violations of the rights and […]