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
DOI:
https://doi.org/10.57660/dpceonline.2024.2202Abstract
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
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