Lidskoprávní aspekty klimatické litigace

Abstract

The aim of the article is to draw attention to one of the current trends in climate litigation, in which the solution of a human rights issue becomes the essence of the dispute. This trend is known as the “human rights turn”, whereby the failure to fulfil or adequately fulfil national or international climate commitments is linked directly to the violation of fundamental human rights. The paper notes the impact of this trend on the interpretation of some fundamental human rights (in particular the right to life, the right to respect for private and family life and the right to a clean, healthy and sustainable environment). It draws attention to the need to strike a balance between protecting the rights of present and future generations. The application of the principle of intergenerational solidarity and the principle of proportionality is a primary factor in addressing this issue.