Human Rights as a Regulatory Tool for ‘Just Transition’ in Europe (and Beyond)

Abstract

In the context of increasing human rights litigation on climate change, this article examines the potential to include labour-related concerns regarding just transitions. Taking the European Convention on Human Rights (ECHR) as a case study, the argument is made that there is potential to do so, not only utilizing Articles 2 and 8, but also Articles 10 and 11. The scope of the European Court of Human Rights (ECtHR) case law is examined in this respect. The article examines case law which is indicative of the potential application of Articles 2 and 8 to work and the environment, alongside the prospects of combining claims under Articles 10 and 11. Emerging jurisprudence on Articles 10 and 11 may be significant, as recent study of ‘human rights experimentalism’ indicates, since efficacious engagement in human rights litigation requires collective voice from those most affected, both in terms of crafting claims and implementing judgments. Their recognition in the context of combined environmental and labour concerns would be an important step towards transformational structural change relating to ‘just transition’ Human Rights, Climate Change, Just Transition, European Convention on Human Rights (ECHR), European Court of Human Rights (ECtHR), Freedom of Association, Worker Status, Human Rights Experimentalism