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In Search for the Content of States’ Positive Obligations under the European Convention on Human Rights : KlimaSeniorinnen and Climate Change

Stoyanova, Vladislava LU (2025) p.75-104
Abstract
This chapter responds to the following question: what substantive positive obligations did the Court formulate in Verein KlimaSeniorinnen Schweiz under Article 8 ECHR that can actually guide the future conduct of States? To frame it even more specifically, what is the content of these positive obligations? More precisely, this content is clarified through the lens of the standard of causation. Causation is crucial because positive obligations in human rights law are grounded in the idea that, had the State acted (i.e., not failed/omitted to act), the fundamental interests protected by human rights law would have been better protected. In this sense, the causal inquiry is actually an inquiry about the interpretation of the content of the... (More)
This chapter responds to the following question: what substantive positive obligations did the Court formulate in Verein KlimaSeniorinnen Schweiz under Article 8 ECHR that can actually guide the future conduct of States? To frame it even more specifically, what is the content of these positive obligations? More precisely, this content is clarified through the lens of the standard of causation. Causation is crucial because positive obligations in human rights law are grounded in the idea that, had the State acted (i.e., not failed/omitted to act), the fundamental interests protected by human rights law would have been better protected. In this sense, the causal inquiry is actually an inquiry about the interpretation of the content of the positive obligations. In other words, causation is a tool for specifying the content of these obligations. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Human rights, Mänskliga rättigheter
host publication
Climate Change before International Courts: A Comparative Study
editor
Amado Gomes, Carla ; Oliveira, Heloísa ; Roch, Armando and Fermeglia, Matteo
pages
75 - 104
publisher
Routledge
external identifiers
  • scopus:105023814067
DOI
10.4324/9781003540977-5
project
Positive Obligations under the European Convention on Human Rights: More Predictability through Better Legal Reasoning
language
English
LU publication?
yes
id
b0a36f5e-f1c4-45c6-8058-96ad736029eb
date added to LUP
2025-01-04 15:11:58
date last changed
2026-01-12 09:26:58
@inbook{b0a36f5e-f1c4-45c6-8058-96ad736029eb,
  abstract     = {{This chapter responds to the following question: what substantive positive obligations did the Court formulate in Verein KlimaSeniorinnen Schweiz under Article 8 ECHR that can actually guide the future conduct of States? To frame it even more specifically, what is the content of these positive obligations? More precisely, this content is clarified through the lens of the standard of causation. Causation is crucial because positive obligations in human rights law are grounded in the idea that, had the State acted (i.e., not failed/omitted to act), the fundamental interests protected by human rights law would have been better protected. In this sense, the causal inquiry is actually an inquiry about the interpretation of the content of the positive obligations. In other words, causation is a tool for specifying the content of these obligations.}},
  author       = {{Stoyanova, Vladislava}},
  booktitle    = {{Climate Change before International Courts: A Comparative Study}},
  editor       = {{Amado Gomes, Carla and Oliveira, Heloísa and Roch, Armando and Fermeglia, Matteo}},
  keywords     = {{Human rights; Mänskliga rättigheter}},
  language     = {{eng}},
  pages        = {{75--104}},
  publisher    = {{Routledge}},
  title        = {{In Search for the Content of States’ Positive Obligations under the European Convention on Human Rights : KlimaSeniorinnen and Climate Change}},
  url          = {{https://lup.lub.lu.se/search/files/207979148/VStoyanova_chapter_23_Dec_2024.pdf}},
  doi          = {{10.4324/9781003540977-5}},
  year         = {{2025}},
}