Overlooked Instruments: The European Protection of Human Rights in the Climate Crisis

Paulina Rundel

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Chapter 4 Overlooked Instruments: The European Protection of Human Rights in the Climate Crisis

In: European Yearbook on Human Rights 2024

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Paulina Rundel

Paulina Rundel
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Type:: Chapter

Pages:: 99–134

DOI:: https://doi.org/10.1163/9789004708389_005

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Abstract

The climate crisis presents an urgent and multifaceted global challenge which necessitates robust safeguards for the protection of human rights in this context. This contribution explores the human rights instruments of the Council of Europe and the European Union which possess the potential to shape a robust response to the climate crisis and more climate action. Within the European landscape, the European Convention on Human Rights (ECHR) serves as the central framework for addressing climate issues through a human rights-based approach. This focus was particularly reinforced by the three decisions from the European Court of Human Rights (ECtHR) in 2024. Other instruments, however, are rather overlooked and are taking on a secondary role. At the heart of this discussion is an examination of two pivotal instruments: the European Social Charter (ESC) and the Charter of Fundamental Rights of the European Union (CFREU). Both Charters, with their expansive provisions, case law and institutional procedures, offer a formidable foundation for addressing the positive obligations of States to protect human rights. Despite their significant potential, these tools have been relatively under-utilised in the climate context, raising questions about their efficacy and applicability. By comparing the ESC and CFREU with the ECHR, this paper aims to determine whether the ESC and CFREU are less effective in climate litigation.

Moreover, Europe remains the only region which has not (yet) officially recognised the right to a healthy environment. Therefore, in its last Section this contribution addresses the question whether there is a necessity to specifically recognise the exclusive right in the instruments of the Council of Europe and European Union, or whether the currently existing tools are able to tackle the climate crisis sufficiently.

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European Yearbook on Human Rights 2024

Series: European Yearbook on Human Rights, Volume: 1

E-Book ISBN:: 9789004708389

Publisher:: Brill | Nijhoff

Print Publication Date:: 07 Mar 2025

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Law: Regional Perspectives

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Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

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Chapter 4 Overlooked Instruments: The European Protection of Human Rights in the Climate Crisis

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European Yearbook on Human Rights 2024

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