The ‘Living Instrument’ at the Service of Climate Action: The ECtHR Long-Standing Doctrine Confronted to the Climate Emergency

Abstract

The evolving landscape of climate change litigation within human rights frameworks presents a complex challenge for courts worldwide. Recent landmark decisions by international court and treaty bodies have expanded the jurisdiction of human rights courts to address climate-related disputes. However, the most recent case law of the European Court of Human Rights (ECtHR) emphasises the delicate balance between recognising the urgency of climate action and upholding the integrity of a regional human rights system. This article explores the ECtHR’s use of the living instrument doctrine in response to climate change-related legal claims. It submits that climate change cases highlight the circumscribed role of the European Convention on Human Rights (ECHR or the Convention) in dealing with the climate emergency and reveal the tension between addressing climate change impacts and maintaining the functioning of the European human rights system.