Oasis or mirage? Assessing the recent ECHR climate decisions through the lens of IACtHR pronouncements

Oasi o miraggio? Valutare le recenti decisioni della CEDU sul clima attraverso la lente della giurisprudenza della IACtHR

Abstract

Reading the European Court of Human Rights decisions related to climate change as compared to Inter-American pronouncements reveals that the former is more formalistic and less prone to protection than the Inter-American counterpart; whereas the latter has recognized an autonomous right to a healthy environment with eco-centric collective dimensions. Altogether, the European decisions do provide some litigation opportunities, but the comparison highlights their limits and those of human rights law when dealing with environmental matters.

Keywords: Right to a healthy environment; Dignified life; Comparative law; Regional human rights courts; Critical analysis of law