A criminal law response to climate change

The past decade has seen a significant rise in interest in climate obligations under the European Convention on Human Rights (ECHR). There is an almost unanimous opinion in literature that climate change can lead to far-reaching violations of human rights. Mary Robinson, former United Nations High Commissioner for Human Rights, even deems global warming ‘the greatest human rights challenge of the twenty-first century‘ (as quoted in this article). This raises the question of whether the ECHR can oblige the use of criminal law to mitigate climate change. After all, the European Court of Human Rights (ECtHR) forces Member States to use criminal law in the event of certain severe human rights violations.

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