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5 - Reasonable Hypothesis

from Part II - The Environmental Minimum under the ECHR

Published online by Cambridge University Press:  27 August 2021

Stefan Theil
Affiliation:
University of Oxford
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Summary

The chapter examines the crucial question whether the ECtHR recognizes that a reasonable hypothesis of harm is sufficient to establish the link between environmental harm and a specific risk to a Convention right required under the specific risk principle. The crucial ECHR rules on this point relate to evidence and the requirements for victim status under Article 34 ECHR. The chapter first sets out the general principles developed with respect to the rules of evidence and victim status before exploring some encouraging developments in more recent cases under Articles 2 and 8 ECHR. The chapter recognises the difficulties and limitations that arise for applicants who seek to obtain relevant evidence and records from reluctant states. Nonetheless, the ECHR case law generally comports well with the requirements of the environmental minimum. The ECtHR does not require applicants to demonstrate an irrefutable scientific link between the environmental harm and an impact on their rights: in many recent decisions the ECtHR is content with evidence of a general population level risk arising from the environmental harm expierienced by the applicant.

Type
Chapter
Information
Towards the Environmental Minimum
Environmental Protection through Human Rights
, pp. 156 - 168
Publisher: Cambridge University Press
Print publication year: 2021

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  • Reasonable Hypothesis
  • Stefan Theil, University of Oxford
  • Book: Towards the Environmental Minimum
  • Online publication: 27 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108891769.007
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  • Reasonable Hypothesis
  • Stefan Theil, University of Oxford
  • Book: Towards the Environmental Minimum
  • Online publication: 27 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108891769.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reasonable Hypothesis
  • Stefan Theil, University of Oxford
  • Book: Towards the Environmental Minimum
  • Online publication: 27 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108891769.007
Available formats
×