Human Rights and Climate Litigation: Trends, Challenges, and Implications

This article explores the expanding role of courts in global climate governance, emphasizing the intersection of climate litigation and human rights. It examines key judicial developments, including the European Court of Human Rights’ (ECtHR) landmark rulings in April 2024 and the Constitutional Court of Korea’s decision in August 2024, which reinforce state obligations to mitigate and adapt to climate change. These cases highlight a growing judicial acknowledgment that inadequate climate policies may violate fundamental human rights, setting important legal precedents while exposing procedural and jurisdictional challenges. The article further assesses the broader implications of these rulings, particularly their influence on domestic and international policymaking. Ultimately, it argues that climate litigation is emerging as a pivotal legal strategy for compelling states to fulfill their climate commitments. Courts are increasingly shaping climate governance, ensuring accountability, fostering more ambitious policy measures, and safeguarding the rights of both present and future generations.