Klimaschutz durch Menschenrechte? Chancen und Grenzen

The article describes the opportunities and limits offered by human rights law for climate protection. While it is undeniable that anthropogenic climate change has a significant impact on the enjoyment of fundamental rights, the potentials of the European Convention on Human Rights should not be overestimated. The author describes the substantive, procedural and institutional challenges which the European Court of Human Rights faced when dealing with the first three climate complaints and its responses. She sees the added value above all in the activation of domestic legislative processes and in providing access to national remedies instead of setting specific reduction targets. The article therefore concludes that human rights law can only complement and not replace international environmental law.