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 as a case study, the argument is made that there is potential to do so, not only utilising Articles 2 and 8, but also Articles 10 and 11. The scope of the European Court of Human Rights 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 for, as recent study of ‘human rights experimentalism’ indicates, 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’.
| Original language | English |
|---|---|
| Pages (from-to) | 439-452 |
| Journal | International Journal of Comparative Labour Law |
| Volume | 39 |
| Issue number | 3/4 |
| Publication status | Published - 29 Sept 2023 |
Research Groups and Themes
- Perspectives on Work
- Smart Networks for Sustainable Futures
- Centre for Global Law and Innovation
- Centre for Law at Work
- Human Rights Implementation Centre
- Centre for International Law
Access to Document
- Full-text PDF (final published version)
This is the final published version of the article (version of record). It first appeared online via Kluwer Law International at https://kluwerlawonline.com/journalarticle/International+Journal+of+Comparative+Labour+Law+and+Industrial+Relations/39.3/IJCL2023028. Please refer to any applicable terms of use of the publisher