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

Paulina Rundel

Jump to Content

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

于European Yearbook on Human Rights 2024

著者：

Paulina Rundel

Paulina Rundel
Search for other papers by Paulina Rundel in
Current site
Google Scholar
PubMed

类型:: 章节

Page Range:: 99–134

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

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

找回访问令牌

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.

引用信息

Save
Cite
Email this content

Share Link

Copy this link, or click below to email it to a friend
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004708389/BP000005.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

折叠
展开
回到页面顶端

European Yearbook on Human Rights 2024

丛编： European Yearbook on Human Rights, 卷： 1

ISBN:: 9789004708389

出版社:: Brill | Nijhoff

印刷出版日期:: 07 Mar 2025

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

Front Matter

Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

Back Matter

统计数据

	全部期间	过去一年	过去30天
摘要浏览次数	193	87	8
全文浏览次数	2	2	0
PDF下载次数	9	5	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

AppBar-Authors 2025

AppBar-Open Access 2025

AppBar-Product Information 2025

AppBar-Company 2025

AppBar-Contact 2025

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

Abstract

引用信息

Share Link

European Yearbook on Human Rights 2024

目录

统计数据

统计数据