Maja Proso, Vedran Zlatić

THE APPLICATION OF THE LEGAL PRINCIPLES AND METHODS OF INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN CLIMATE CHANGE-RELATED CASES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

Introduction

The application of the legal principles and methods of interpretation of the european convention on human rights in climate change-related cases before the european court of human rights. Examine the ECtHR's application of ECHR legal principles and interpretation methods to climate change human rights cases. Focuses on Article 8, positive obligations, and margin of appreciation.

Abstract

Climate change, a long-term shift in global, regional, and local weather patterns, is primarily driven by human activities, especially the burning of fossil fuels since the 1800s. This has led to a 1.2°C increase in Earth’s average surface temperature since the pre-industrial era, a level unprecedented in 100,000 years. The consequences are widespread, including intensified droughts, water shortages, severe fires, rising sea levels, flooding, melting ice, extreme storms, and biodiversity loss. These impacts threaten our health, food production, housing, safety, and livelihoods. While the right to a healthy environment is recognized and protected by the European Court of Human Rights(ECtHR) through its jurisprudence, it isn’t explicitly stated in the European Convention on Human Rights. However, the UN Human Rights Council and General Assembly have affirmed this right, recognizing a clean, healthy, and sustainable environment as a universal human right. Climate change, along with unsustainable resource management, pollution, and improper waste disposal, degrades the environment, hindering this right and negatively impacting all human rights. In 2024, the ECtHR made a landmark rulings, establishing that insufficient climate action constitutes a violation of human rights.The paper examines recent ECtHR decisions related to climate change and its impact on the right to a healthy environment (protected by Article 8 of the European Convention on Human Rights) The ECtHR has previously developed criteria for member states to adhere to, particularly regarding Article 8 of the Convention (right to respect for private and family life), in environmental pollution cases. The authors are particularly interested in examining how the Court has used established legal tools and approaches in climate change cases. This includes the principle of effectiveness, which has been key in defining the positive duties of Convention signatories, and the doctrine of the margin of appreciation. This latter concept is vital for determining the extent of these positive duties under Article 8 of the Convention in the context of climate change. The aim of the present research is, therefore, to examine how the ECtHR’s deployment of the doctrines and methods of interpretation- the method of causation and the doctrines of positive state obligations and the margin of appreciation are applied in recent climate change judgements, particularly in Klima Seniorinnen v. Switzerland case, and to answer the main research question- does the interpretation of applied doctrines and methods of interpretation by the ECtHR in cases concerning climate change differ from existing environmental case law?

Review

The proposed paper addresses an exceptionally timely and critical topic, examining the intricate application of the European Convention on Human Rights (ECHR) in the rapidly evolving landscape of climate change litigation before the European Court of Human Rights (ECtHR). Following the landmark 2024 ECtHR rulings, which established that insufficient climate action can constitute a human rights violation, this research is poised to offer invaluable insights into how established legal principles are being adapted to address unprecedented environmental challenges. The abstract clearly outlines the paper's central objective: to scrutinize the ECtHR's interpretive methods in climate change cases, particularly concerning the right to a healthy environment, which, while not explicit in the ECHR, is increasingly recognized through its jurisprudence. The strength of this research lies in its focused analytical approach, which aims to deconstruct the ECtHR's deployment of specific legal doctrines and methods of interpretation. The paper intends to delve into the principle of effectiveness, pivotal for defining positive state obligations, and the doctrine of the margin of appreciation, crucial for determining the scope of these duties under Article 8 of the Convention. Furthermore, the explicit inclusion of the method of causation as an analytical lens, alongside positive state obligations, promises a comprehensive examination. By comparing the Court's application of these tools in recent climate change judgments, especially *Klima Seniorinnen v. Switzerland*, against its existing environmental case law, the paper directly addresses its core research question regarding potential shifts in interpretive approaches. This paper holds significant potential to enrich the academic discourse on international human rights law, environmental law, and climate governance. By dissecting the ECtHR’s reasoning in these groundbreaking cases, it will illuminate how a living instrument like the ECHR adapts to emerging global crises, potentially setting precedents for other human rights bodies. The findings will be highly relevant for legal scholars, practitioners, policymakers, and civil society organizations engaged in climate change advocacy and litigation. Understanding whether and how the Court's interpretation in climate cases diverges from traditional environmental rulings will provide crucial guidance for future legal strategies and state obligations in the fight against climate change, making this a vital contribution to the field.

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