Zur Anwendbarkeit der Europäischen Menschenrechtskonvention in Umwelt- und Klimaschutzfragen

The protection of the environment has been a long standing issue before the European Court of Human Rights. The jurisprudence of the Court is vast and complex. The Court is now confronted with applications concerning damages arising from climate change. Yet, the protection offered by the European Convention on Human Rights (ECHR) is not unlimited. The Convention can only be invoked by present generations, which claim to have been a victim of a current and immediate threat to rights protected by the Convention. Also the right to a clean and healthy environment is not protected per se by the Convention. This contribution assesses the possibilities and limitations concerning the application of the ECHR in environmental and climate change cases. In addition, it refers to possible future developments – taking into account current case-law from national and international (human rights) courts.