Dimitrios Giannoulopoulos Profile picture
Apr 9 8 tweets 3 min read Read on X
A historic judgment

“Inadequate state action to combat climate change exacerbate[s] the risks of harmful consequences and subsequent threats for the enjoyment of human rights”

@KlimaSeniorin #echr @gardencourtlaw @MatrixChambers @GoldsmithsLaw @JMPSimor @andrew_cutting Image
European Court of Human Rights: it is “a matter of fact that there are sufficiently reliable indications that anthropogenic climate change exists … States are aware of this and capable of taking measures to address it effectively”. Image
States’ “legal obligations” extend not only to “ those individuals currently alive” but also to “ future generations [which] are likely to bear an increasingly severe burden of the consequences of present, failure and omissions to combat climate change”. Image
Article 8 protects us all from the effects of climate change:

“Article 8 of the Convention encompasses a right for individuals to effective protection … from the serious adverse effects of climate change on their lives, health, well-being, and quality of life”.

#echr #climate Image
What must states do now: take action to prevent “increase in GHG concentrations in the Earth’s atmosphere and a rise in global average temperature beyond levels capable of producing serious and irreversible adverse effects on human rights under Article 8”. Image
States must “reduce GHG emission levels … with a view to reaching net neutrality, in principle within the next three decades”.

#echr @coe @PACE_News @echrnews @FCorner Image
The Court finds that there has been a violation of Article 8 of the Convention. Switzerland had exceeded its margin of appreciation, failing to comply with its duties to protect the @KlimaSeniorin applicants from the harmful effects of climate change upon their human rights. Image
Article 8 now generates a duty for states to take the required measures to protect us all from the effects of climate change!

@conorgearty @colmocinneide @EdBatesECHR @dzehtsiarou @AileenFKavanagh @PhilipLeach5 @WomaninHavana @StevePeers @AdamWagner1 @sfhosali @alicedonald

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More from @DimitriosGian

Nov 11, 2022
Thanks @JoshuaRozenberg for sharing.Others already commented on Sir Peter Goss's views on the futility/counter-intuitiveness of Raab's BoR, and lack of evidence basis (which followed on not listening to expert evidence).I want to focus on Sir Peter's points on judicial dialogue🧵
2. His Review Panel (IHRAR) "was struck by the high regard in which the UK Courts and Judiciary are held by the ECtHR and the beneficial influence this has, both domestically and for the ECtHR".
3. The ECtHR has welcomed the “mature equilibrium” reached with UK Courts, which "neither means nor requires that UK Courts and the Strasbourg Court always agree", and which entails "mutual respect bringing mutual benefit".
Not quite @DailyMailUK's narrative, one would argue.
Read 16 tweets
Nov 9, 2022
1/10 How to transform procedural rights from illusory safeguards to practical guarantees: by empowering those who need them the most, starting w/ stronger awareness. Great case study here:@EachOtherUK & @BIDdetention will turn 63 page legal guide into comic book (& need our help) Image
2/10 They're crowdfunding here, and have achieved $7381 so far, out of a pledged $29,025: kickstarter.com/projects/eacho…
3/ As they note, "at any one time in the UK, there are around 2,000 people held in immigration removal centres across the UK" and "people held in immigration detention can be kept there for anything from a few days to years".
Read 11 tweets
Oct 28, 2022
1. My new book – with the wonderful Prof Yvonne McDermott, on Judicial Independence Under Threat – is now out, and we could not be more grateful to all those who made it happen: @BritishAcademy_ @OUPAcademic & our distinguished authors.
It includes foreword by late Brian Kerr! Image
2. We were thrilled when Lord Kerr agreed to participate in our 2018 @BritishAcademy_ conference (which provided the foundation for this volume). We were touched by the modesty, openness and kindness he had showed to us since then.
3. We have very fond memories of being in his company during the pre-conference dinner at the @TheInnerTemple (and remain to this day very thankful to the Inn too, for its warm support of our conference).
Read 30 tweets
Oct 19, 2022
At @matrixchambers, with two of our students, and two of our Visiting Profs in panel, @JMPSimor KC and Schona Jolly KC @WomaninHavana, on the ‘Brexit Freedoms Bill’.
Jessica Simor starts by noticing how this Bill will result in a vast handover of power to the executive. ImageImage
2. What is Law for? Law must strive to create legal certainty (and this Bill will achieve the exact opposite of that),
@JMPSimor notes, and Sir Jonathan Jones KC, former Head of the Govt Legal Dept, reinforces the point in his speech. Image
3. This Bill will “set fire to legal certainty”, says @WomaninHavana, taking examples from Employment law and pointing how we continue to rely on EU law for critical parts of that, e.g. equal pay provisions that women have drawn upon. Image
Read 7 tweets
Jun 13, 2022
Left speechless — Prof Richard Ekins has written (in the @MailOnline) that the Human Rights Act "is a blot on our democracy".
#ECHR @coe #HumanRights @OxfordLawFac @PACE_News @judicialpwr
2. @DavidGHFrost, whose key affiliation (according to Twitter) is now Senior Fellow at @Policy_Exchange, says it's 'a powerful article'
#ECHR #humanrights #echr
3. Prof Ekins: "For the Human Rights Act invites lawyers, individuals and lobby groups who are unhappy with government policies to try to undermine them by mounting challenges in the courts."
And this is wrong in a liberal democracy why exactly?
#ECHR #humanrights @coe
Read 9 tweets
Jun 13, 2022
Govt is introducing a Bill that (a large number of) its own MPs are saying is going to violate international law.
Bill not dictated by national interest (in fact it undermines it).
Only comes in so that PM will 'shore up his support on Right of the party' after confidence vote
2. Bill will be sold to the MPs on the Right of the party—and Brexiteer voters—wrapped in the usual anti-juridical, anti-European, narrative: "European judges to be stripped of Northern Ireland Protocol powers under new Brexit law"
3. This is the anti-human rights narrative too. Many will confuse 'European judges' for those in Strasbourg. The attack on the European Court of Human Rights is of course alive and well in the UK.
Read 9 tweets

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