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Thesis (Master's)

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1946/35159

  • The Development of the Interpretation of Article 8 of the European Convention on Human Rights Through the Environmental Case-Law Delivered by the European Court of Human Rights
  • Master's
  • Even though the climate crisis has become the most dominant matter of argumentation in everyday news, the regional human rights protection under the European Convention on Human Rights (ECHR) does not include an explicit right to a decent environment. However, the European Court of Human Rights (ECtHR) has developed a strategy to mobilise existing rights in order to fill gaps in the protection guaranteed by the Convention.
    Focussing on the right to private and family life under Article 8 ECHR this thesis analyses the development and ‘greening’ of human rights law through the case-law delivered by the ECtHR. The scope of environmental protection under Article 8 ECHR is analysed with an emphasis on the turn from negative to positive obligations. Through the developing interpretation by the ECtHR the discussed provision does include a multitude of environmentally influenced duties for States including a regime of environmental procedural law.
    The Convention, however, does not provide a general protection of the environment and does not allow non-governmental organisations to bring cases under Article 8 ECHR. While the first aspect is understandable, the second one is challenged by this thesis.
    In the end it is argued that the greening process of the ECtHR is successful to date, especially in light of the incorporation on environmental procedural rights. Nonetheless, environmentally concerned cases could profit from certain expansions, particularly the allowance of standing for environmental non-governmental organisations.

  • May 6, 2020
  • http://hdl.handle.net/1946/35159

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LL.M. thesis with cover Vanessa Homann.pdf1.27 MBLocked Until...2140/06/27Complete TextPDF
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