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11	Climate Change Litigation Based on Human Rights : challenges and possbilities in Sweden Parling, Isabella January 2021 (has links) Climate change litigation is expanding at fast speed throughout various jurisdictions around the world. Citizens are taking states’ lack of climate mitigation measures to courts, demanding that more has to be done on the climate crisis. More often now, litigants use human rights based argumentation which relies on international human rights law: human rights treaties, conventions, and precedent from human rights courts. According to litigants, states are therefore seen as both creating and prolonging this threat against the lives of their citizens, violating some of their most basic human rights, such as the right to life. Coupling these human rights obligations with climate treaties such as the Paris Agreement has proven effective when attempting to establish a causal connection between state emissions and climate change’s threat to citizen’s lives. This is sometimes characterized as a global ‘rights turn’ or a ‘greening’ of human rights. While a climate litigation case was denied to be brought up in Swedish courts in 2016, the Swedish government is now in 2021 finding itself tested again. Several children and youths in Sweden are currently suing the Swedish state, claiming that Sweden does not live up to its international human rights obligations. The claim is based on a human rights framing and is more similar to other ongoing or successful climate litigation cases at present time. While also facing a lawsuit as defendants in a case under the European Court of Human Rights, Sweden is now finding itself in the midst of this new phenomenon. Since, however, the issue of climate litigation in Swedish courts is quite new, the results of a new case in Sweden based on different grounds and on the precedent established in other successful cases in other similar jurisdictions, could be different. The overall purpose of this thesis is to shed light on the intentional human rights obligations that the Swedish state is bound by internationally which can be used in a climate litigation case based on human rights argumentation. The issue at hand is therefore to ascertain what, how and why those obligations concerning the climate and human rights makes it possible or challenging to pursue a case against the Swedish government, and what these obligations entail. If the case is tried in Swedish courts, it will establish the current obligations concerning climate change and its threat to human lives under international human rights law, as well as Sweden’s mitigation duties. Climate Litigation International Human Rights Law Positive Obligations European Convention on Human Rights Climate Change Paris Agreement Jus Cogens Political Science Statsvetenskap Law and Society Juridik och samhälle Social Sciences Interdisciplinary Philosophy, Ethics and Religion Filosofi, etik och religion Climate Research Klimatforskning
12	EKMR och klimatprocesser mot stater : Vad har stater för bedömningsmarginal i att tillförsäkra minskade klimatutsläpp Eriksson, Malin January 2023 (has links) No description available. Environmental law climate law human rights climate change litigation ECHR ECtHR European court of human rights margin of appreciation right to life right to private life right to family life article 2 article 8 positive obligations international standards KlimaSeniorinnen Careme Duarte Neubauer Urgenda Klimaatzaak Aurora Framework Convention on Climate Change Environmental human rights law Miljörätt klimaträtt mänskliga rättigheter klimatprocess EKMR Europadomstolen bedömningsmarginal rätt till liv rätt till privatliv rätt till familjeliv artikel 2 artikel 8 positiva förpliktelser internationell standard KlimaSeniorinnen Careme Duarte Neubauer Urgenda Klimaatzaak Aurora Klimatkonventionen ramkonvention om klimatförändringar Law Juridik

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Climate Change Litigation Based on Human Rights : challenges and possbilities in Sweden

EKMR och klimatprocesser mot stater : Vad har stater för bedömningsmarginal i att tillförsäkra minskade klimatutsläpp