"Greening the European Convention on Human Rights   A Study on the Intersection of Climate Change and Human Rights in the European Court of Human Rights"

Abstract: The surge in human rights-based climate litigation in recent years underscores the intricate relationship between the environment and human rights. In the European context, despite the pioneering role of the European Court of Human Rights (ECtHR), it has never ruled on a case primarily related to climate change and greenhouse emissions. However, current attention is directed towards the ECtHR as it deliberates on its first actual climate change cases. Against this backdrop, this thesis examines the potential of the ECtHR to incorporate climate change issues within the legal framework of the European Convention on Human Rights (ECHR) and its Protocols. While the ECHR does not explicitly grant a substantive right to a healthy environment, the Court has established a track record in adjudicating cases where environmental threats have directly and indirectly impacted the human rights enshrined in the ECHR. This showcases the Court's dynamic interpretative technique in aligning such issues with the Convention Articles. A significant focus of the thesis lies in the potential of the 'living instrument' doctrine as a jurisprudential foundation for the ECtHR to acknowledge and confront the multifaceted global impacts of climate change. The analysis underscores the need for expanding the interpretative boundaries of the ECHR while ensuring that such expansion remains firmly rooted in human rights law principles and does not undermine the Court’s legal certainty or legitimacy. By critically examining the Court's current jurisprudence, the thesis demonstrates that through a dynamic interpretation of Articles 2 and 8, the ECtHR is well-positioned to extend its protection to address the varied challenges posed by climate change. This exploration contributes to the discourse on the connection between environmental law and human rights, highlighting the evolving role of human rights courts in responding to the global climate change crisis.