Human Rights and Climate Change: A Judicial Definition of the Standard of Conduct

Although impacts of climate change on human rights are widely recognized, climate change litigation based on human rights is still to be developed. In the decision of the Hague Court of Appeal in the case Urgenda et al. v. The Netherlands, the State was condemned for the breach of the duty of care imposed by the ECHR, because it has done too little to prevent dangerous climate change. Pursuant to an interpretation based on scientific reports and soft law principles, the Court set the percentage of the emission reduction that the State is required to pursue in order to respect the duty of care, possibly stepping besides the rule of separation of powers.