Drepturile omului, un răspuns la criza ecologică?
Human Rights, an Answer to the Ecological Crisis?

Summary/Abstract: Although the European Court of Human Rights has delivered hundreds of decisions clarifying how state obligations under the European Convention on Human Rights relate to environmental issues, in particular by requiring states to exercise due diligence to prevent or protect against serious and/or immediate risks of damage, it has not (yet) addressed the implications of climate change for the exercise of the rights enshrined in the Convention. Scholars agree, however, that the Strasbourg court will „enter” the debate, given the climate cases that have been brought before it. Carême case, that constitutes the reason for these reflections, puts on the table new questions related to the climate issues brought to the Court to which the judges in Strasbourg will have to answer, because the issue that arises (as in all climate cases) is that of the compatibility of the states' actions or omissions with our living environment. Under these conditions, regardless of the recognition or not of an independent right to a healthy environment, the Court will have at least to be open to a more ecological interpretation of the Convention.

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