European Court of Human Rights Judge delivers School of Law’s annual Liberty Lecture
Justice Ioannis Ktistakis spoke on the topic Climate Change and Human Rights Law.
Ioannis Ktistakis is a Judge at the European Court of Human Rights (ECtHR) in Strasbourg and President of its Third Section. His lecture was entitled: ‘Should the European Court of Human Rights become 'Europe's environmental court'?’
Our Deputy Head of School Professor Ilias Trispiotis says:
It was a real privilege to host Judge Ioannis Ktistakis of the European Court of Human Rights, whose lecture on climate change and human rights could not have been more timely. His insight and unwavering commitment to human rights offered our students and colleagues an inspiring reminder of the international reach and relevance of legal study at this moment in history.
'Europe's environmental court'?
Currently, the European Convention on Human Rights (ECHR) does not recognise an autonomous right to a healthy environment. However, the Court's existing tools are important, especially its ‘living instrument’ approach to the interpretation of the Convention, and the importance of alignment with other international law instruments. These tools have enabled Strasbourg to protect citizens when pollution or environmental hazards seriously impact their lives or private lives.
When applying the Convention, the ECtHR always takes into account current historical and social conditions. Across Europe and beyond, national courts are being called upon to intervene because politics often lags behind science and targets – consider Urgenda in the Netherlands and the International Court of Justice (ICJ) and Inter-American Court of Human Rights (IACtHR)’s opinions on climate change. The argument for action is both moral and practical: climate change undermines human rights, and judges should not remain indifferent. However, there are reasons for caution: constitutional considerations such as the separation of powers and the principle of subsidiarity, alongside the risk that bold decisions could be seen as ‘judicial adventurism’.
The Moot Court was almost full to capacity with many students in attendance, and the lecture was followed by a lively Q&A.
The ECHR in the 21st Century: strengths & challenges
From L-R: Prof Trispiotis, Dr Meakin, Dr Tongue, Justice Ktistakis, Dr Wallace, Ms Moranduzzo, Dr Bendel.
The following day, Justice Ktistakis gave the keynote for the panel: ‘The ECHR in the 21st Century: Strengths & Challenges’. The event featured a selection of our human rights researchers based at the Centre for Law and Social Justice (LSJ), who all spoke about an ECHR issue in their area of research expertise. It was Chaired by Justine Bendel.
Ilias Trispiotis spoke about discrimination on the grounds of religious beliefs under Articles 9 and 14 of the ECHR. He outlined European Court case law concerning religious dress, arguing that a key challenge in this area is getting the court to incorporate more consistently an intersectional approach (which takes account of the combined effects of layers of discrimination) into case law.
Jack Meakin spoke about Article 11 (freedom of assembly and association) and the recognition of collective labour rights. He discussed the advantages of framing workers’ rights in human rights terms, but also the limitations of the ECHR system in advancing this goal.
Zoe Tongue discussed reproductive rights, and particularly the right to abortion, under Article 8 (the privacy right). Whilst acknowledging the value of some European Court rulings, she expressed concern that it tends towards a cautious approach, interpreting access to abortion in narrow, procedural terms rather than as a substantive right.
Stuart Wallace took stock of the current political debate concerning the UK’s possible withdrawal from the ECHR. He strongly argued that human rights reflect long-standing UK values, and that defenders of the ECHR must be confident in addressing misplaced criticisms of human rights head-on.
Erika Moranduzzo spoke in support of interpretations of the ECHR which create positive obligations on the part of states towards climate refugees in the context of adaptation.
The panel closed with a powerful Q&A and a sense of a shared commitment to the importance of educating students and reaching out to the wider public to increase understanding and explain the universal importance of human rights, especially in these turbulent times.
LSJ’s Co-Director Associate Professor Rebecca Moosavian says:
We are so grateful that Justice Ktistakis kindly agreed to stay a little longer at Leeds to continue the fascinating and essential conversation about human rights. The panel was an ideal opportunity to learn more about the vital work of the European Court, and to showcase the excellent research of just a few of LSJ’s leading human rights scholars.
About Justice Ktistakis
Prior to his election to the ECtHR, he had successfully represented applicants in 53 cases before the Court (relating to the right to a fair trial, the right to life, the right to freedom of religion, and the right to peaceful enjoyment of possessions). He also successfully defended a collective complaint concerning the pollution of the Asopos River (lack of appropriate initiatives with respect to the presence of hexavalent chromium in the water; Collective Complaint No. 72/2011; International Federation for Human Rights (FIDH) v. Greece) before the European Committee of Social Rights, as well as many other environmental cases before the Greek Council of State.
