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Something Ventured, Nothing Gained?—Remedies before the ECtHR and Their Potential for Climate Change Cases

2021; Oxford University Press; Volume: 22; Issue: 1 Linguagem: Inglês

10.1093/hrlr/ngab030

1744-1021

Helen Keller, Corina Heri, Réka Piskóty,

Ombudsman and Human Rights

Abstract The European Court of Human Rights stands before what may be its greatest challenge: addressing current and impending human rights violations stemming from climate change. As the first climate cases trickle into the Court’s docket, and speculation about the Court’s response grows, many questions remain to be answered. Perhaps the matter of greatest uncertainty relates to the type and degree of redress that the Court can offer in this context. This article argues that the Court’s often deferential, inconsistent and unreasoned remedial practice is in urgent need of overhaul. It studies the Court’s remedial practice in environmental cases to draw conclusions about the Court’s existing approach to remedies and its self-perception in this context, i.e. its own understanding of the possibilities and limitations of its role. From this, it extrapolates the remedial approaches that could potentially be taken in climate cases, and discusses the advantages and disadvantages of each one.