Das Verhältnis zwischen Demokratie und Menschenrechten in der KlimaSeniorinnen- Entscheidung des EGMR

This paper discusses the relation between political decision-making within a democracy and its limits set by fundamental rights through the lens of the European Court of Human Rights (ECtHR) decision in the Klimaseniorinnen Schweiz case. According to our understanding of this decision, democracy and human rights (shall) complement each other. The article reflects on this (ideal) relationship based on the ECtHR's reasoning regarding the (dialectical) margin of appreciation and the ECtHR's intergenerational perspective. It emphasizes the significance particularly of the (ir-)reversibility of democratic decisions and elaborates on the relevance of the representativeness of decision-makers in the specific context of climate change. Overall, the article highlights the complementary relationship between democratic and rights-based decisions.