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

IPPOLITO FRANCESCA

;Nicolás Carrillo Santarelli

2024-01-01

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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.