Journal article
Framing climate remedies in European Human Rights Law: it is all about trust - in European democracies
- Abstract:
- This article employs frame analysis to examine how the European Court of Human Rights has addressed climate remedies in its three seminal climate rulings. It argues that, after diagnosing climate change as a human rights law problem, the Court has proposed solutions to remedy the problem and to motivate future action through what I call the ‘democratic frame of trust.’ Whilst this frame acknowledges that not taking adequate climate action in Europe may amount to human rights violations, it proposes to address these inadequacies by placing trust in the institutions of European states, notably national governments, parliaments, domestic courts, and civil society. This frame in turn marginalizes alternative solutionoriented frames put forward by the litigants, who argue that a diagnosis of climate change as a human rights problem is not enough. Climate change also requires identifying solutions by broadening access to climate remedies on the one hand, and fair share contributions of European states to climate change informing remedial solutions in a timely manner on the other. A key implication of this analysis is that, whilst these pathbreaking judgments successfully diagnosed climate change as a human rights law problem, the European Court of Human Rights has retreated from the solution space to address it and, by doing so, has made the Court’s legal doctrine of deference to states more resilient for future climate cases.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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(Preview, Version of record, pdf, 842.8KB, Terms of use)
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- Publisher copy:
- 10.1080/13642987.2025.2573800
Authors
- Publisher:
- Taylor & Francis
- Journal:
- International Journal of Human Rights More from this journal
- Volume:
- 30
- Issue:
- 2
- Pages:
- 402-421
- Publication date:
- 2025-11-11
- Acceptance date:
- 2025-10-06
- DOI:
- EISSN:
-
1744-053X
- ISSN:
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1364-2987
- Language:
-
English
- Keywords:
- Pubs id:
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2300675
- Local pid:
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pubs:2300675
- Deposit date:
-
2025-10-21
- ARK identifier:
Terms of use
- Copyright holder:
- Başak Çalı
- Copyright date:
- 2025
- Rights statement:
- © 2025 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis GroupThis is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License(http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in anymedium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. The terms on whichthis article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent.
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