European Convention on Human Rights

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Klimaseniorinnen: the Innovative and the Orthodox

In his dissenting opinion in Klimaseniorinnen, Judge Eicke argues that the majority has gone “well beyond … the permissible limits of evolutive interpretation” in finding a violation of Article 8 [3]. In his view the majority took three innovative steps: (i) expanding the concept of victim status/standing to allow NGOs to have standing even where their members would not have victim-status if taken individually; (ii) creating a “new” right to protection from the effects of climate change; and (iii) imposing a new duty on states to adopt measures to mitigate those effects. For Judge Eicke, none of these three innovations had “any basis in Article 8 or any other provision of or Protocol to the Convention” [4]. Indeed, it is not just the critics of the majority’s judgment who think it innovative – counsel for the applicants labelled it “ground-breaking”. Moreover, the Court itself said that although its existing environmental jurisprudence could “offer guidance up to a point” [414], climate change cases had special features which justified the adoption of a “tailored approach”…

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Climate Change and the ECHR: The Results Are In

To much media attention, excitement and general anticipation, the European Court of Human Rights finally handed down judgments in the three climate change cases relinquished to the Grand Chamber. The three cases are Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), Carême v. France (no. 7189/21) and…

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A Quick Take on the European Court’s Climate Change Judgments

Today the Grand Chamber of the European Court of Human Rights delivered a monumental trio of decisions – two admissibility decisions and one judgment – on climate change. In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the Court, by 16 votes to 1 (Judge Eicke dissenting), set forth new principles on standing (victim…

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Wieder and Guarnieri v UK: A Justifiably Expansive Approach to the Extraterritorial Application of the Right to Privacy in Surveillance Cases

In September last year, a Chamber of the European Court of Human Rights delivered its judgment in Wieder and Guarnieri v. the United Kingdom (nos. 64371/16 and 64407/16), which became final in December. The judgment is an important contribution to the ever-growing international case law on the extraterritorial application of human rights. Briefly, the Court…

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How to Maneuver Around Acknowledging the Right to Access Abortion: Some Thoughts on the ECtHR’s judgment in M.L. v Poland

On 14 December 2023, the European Court of Human Rights (ECtHR, Court) issued its much-awaited judgment in M.L. v Poland, i.e. in one of the approximately 1000 applications submitted before it regarding the Polish restrictive abortion policy. The application concerned the alleged violation of the applicant’s rights under the European Convention on Human Rights…

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