Human Rights and Climate Change in the EU Legal Framework

Human Rights and Climate Change within the EU Legal Framework

EU Charter of Fundamental Rights and the Human Rights Implications of Climate Change Doc. dr Marijana Mladenov

A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development. Article 37 - Environmental protection EU Charter of Fundamental Rights

Court of Justice of the European Union - CASE LAW- CJEU Case C-594/18 P / Judgment CJEU Case C-594/18 P / Judgment Republic of Austria v European Commission CJEU C-642/18 / Opinion CJEU C-642/18 / Opinion European Commission v Kingdom of Spain CJEU C 444/15 / Judgment CJEU C 444/15 / Judgment Associazione Italia Nostra Onlus v. Comune di Venezia and Others CJEU - C 416/10 / Opinion CJEU - C 416/10 / Opinion Jozef Kri an e.a. v Slovensk in pekcia ivotn ho prostredia

European Parliament resolution of 19 May 2021 on the effects of climate change on human rights and the role of environmental defenders on this matter 1. Stresses that the enjoyment, protection and promotion of human rights rooted in human dignity, and a healthy and sustainable planet are interdependent; calls on the EU and its Member States to act as a credible and reliable partner on the global stage through the adoption, strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (HRBA), to guide policies and measures of climate change mitigation and adaptation and endure that they are adequate, sufficiently ambitious, non-discriminatory and compliant with fundamental human rights obligations; notes that principles and standards derived from international human rights law should guide all policies and programming related to climate change, and at all stages of the process; call on the EU and its Member States to encourage non-EU states, companies and local government authorities to implement and adopt solutions and measures that will contribute to the protection of the environment and address the consequences of climate change; Recalls the legal obligation to respect the right to a safe, clean, healthy and sustainable environment which is, among other things, a condition for sustainable economic activities which contribute to the well-being and livelihoods of individuals and communities; recalls that international human rights law provides legal remedies to redress the damage caused by climate change to individuals, indigenous communities and environmental human rights defenders, to implement measures to combat climate change and to hold states, businesses and individuals accountable for their actions which impact climate change and human rights; in this respect, calls on the EU to make the fight against impunity one of its key priorities by creating instruments which allow for the full, effective and sustained implementation of human rights and environmental laws and their enforcement...

EUROPEAN CONVENTION ON HUMAN RIGHTS Although the European Convention on Human Rights does not specifically include the right to a healthy environment, around 300 environment-related cases have already been decided by the European Court of Human Rights. Article 2 Article 3 Article 8 Article 10

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EU mitigation policies and human rights European Union external development and climate change adaptation policies EUROPEAN COMMISSION EUROPEAN PARLIAMENT THE FUNDAMENT AL RIGHTS AGENCY MEMBER STATES Europe and the climate change dimension of human rights external diplomacy The integration of human rights into adaptation policies

Email alavuk@pravni-fakultet.info marijana.mladenov@privrednaakademija.edu