Climate threats as justifying derogations under Article 15 ECHR?

This paper examines whether Article 15 of the European Convention on Human Rights (ECHR) can serve as a legal foundation for addressing security threats arising from climate change. Through doctrinal analysis and case-based comparisons, it explores how climate-driven crises may justify rights derogations under Article 15. The findings show that while such an approach aligns with the EU’s Joint Communication on the climate-security nexus, it risks reinforcing coercive, state-centric responses. The paper concludes that a shift towards a human security framework offers a more ethical and effective path, emphasising individual protection and structural climate justice over militarised solutions.

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From Duty to Dissent: the Legal Boundaries and Ethical Considerations of Conscientious Objection

This article examines the right of conscientious objection, showcasing the legal limits of certain rights and obligations, existing in a complex intersection between human rights and the demands of state security, particularly in a precarious European landscape. Through the legal analysis of European case-law, the article showcases the evolving interpretation and changes in human right doctrines, that can nonetheless be suspended in times of conflict. Commonly known as a right ‘to be enjoyed in peace time’, the evolution of legal and societal considerations of this right reflects the fragile nature of individual rights in the face of collective security needs, inviting to a reflection of what this means for the future of a society that strives for the protection of human rights and peace.

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