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The Principle of Precaution and its Role in the European Convention on Human Rights

Kartepe, Dilruba Begüm LU (2024) JAMM07 20241
Department of Law
Faculty of Law
Abstract
The thesis explores whether the precautionary principle can be reconciled with and integrated into the European Convention on Human Rights (“ECHR”), particularly in the context of climate change. It examines whether the European Court of Human Rights (“ECtHR” or “Court”) addresses climate change issues through the precautionary principle by including precautionary reasoning in its assessments.
This thesis is crucial due to the increasing severity of climate change impacts, particularly in Europe, where temperatures have risen significantly above global averages, affecting the enjoyment of human rights. Understanding the potential integration of the precautionary principle within the ECHR framework is essential to enhance the protection... (More)
The thesis explores whether the precautionary principle can be reconciled with and integrated into the European Convention on Human Rights (“ECHR”), particularly in the context of climate change. It examines whether the European Court of Human Rights (“ECtHR” or “Court”) addresses climate change issues through the precautionary principle by including precautionary reasoning in its assessments.
This thesis is crucial due to the increasing severity of climate change impacts, particularly in Europe, where temperatures have risen significantly above global averages, affecting the enjoyment of human rights. Understanding the potential integration of the precautionary principle within the ECHR framework is essential to enhance the protection of human rights against the risks of harm arising from climate change.
This thesis employs a combination of traditional doctrinal analysis and theoretical perspectives. It critically analyses legal materials, international documents, case law, and doctrinal literature to interpret the precautionary principle within environmental law and explore its possible integration or reconciliation with the ECHR. The study particularly focuses on the recent Grand Chamber (“GC”) case, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, to assess whether the Court applied precautionary reasoning and to understand the Court’s approach to climate change issues.
In conclusion, this thesis finds that although the ECtHR has engaged with precautionary reasoning in some cases, the application of the precautionary principle in climate change cases remains limited. Thus, the ECtHR has been cautious in integrating environmental principles into its human rights jurisprudence. Nevertheless, the integration of the precautionary principle could enhance the Court's capacity to address climate change, ensuring that the rights protected by the ECHR remain practical and effective amid environmental challenges. (Less)
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author
Kartepe, Dilruba Begüm LU
supervisor
organization
course
JAMM07 20241
year
type
H2 - Master's Degree (Two Years)
subject
keywords
precautionary principle, positive obligations, European Convention on Human Rights, precautionary measures, climate change, environmental law
language
English
id
9170877
date added to LUP
2024-08-01 14:35:49
date last changed
2024-08-01 14:35:49
@misc{9170877,
  abstract     = {{The thesis explores whether the precautionary principle can be reconciled with and integrated into the European Convention on Human Rights (“ECHR”), particularly in the context of climate change. It examines whether the European Court of Human Rights (“ECtHR” or “Court”) addresses climate change issues through the precautionary principle by including precautionary reasoning in its assessments. 
This thesis is crucial due to the increasing severity of climate change impacts, particularly in Europe, where temperatures have risen significantly above global averages, affecting the enjoyment of human rights. Understanding the potential integration of the precautionary principle within the ECHR framework is essential to enhance the protection of human rights against the risks of harm arising from climate change.
This thesis employs a combination of traditional doctrinal analysis and theoretical perspectives. It critically analyses legal materials, international documents, case law, and doctrinal literature to interpret the precautionary principle within environmental law and explore its possible integration or reconciliation with the ECHR. The study particularly focuses on the recent Grand Chamber (“GC”) case, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, to assess whether the Court applied precautionary reasoning and to understand the Court’s approach to climate change issues.
In conclusion, this thesis finds that although the ECtHR has engaged with precautionary reasoning in some cases, the application of the precautionary principle in climate change cases remains limited. Thus, the ECtHR has been cautious in integrating environmental principles into its human rights jurisprudence. Nevertheless, the integration of the precautionary principle could enhance the Court's capacity to address climate change, ensuring that the rights protected by the ECHR remain practical and effective amid environmental challenges.}},
  author       = {{Kartepe, Dilruba Begüm}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Principle of Precaution and its Role in the European Convention on Human Rights}},
  year         = {{2024}},
}