Keywords: climate change; Human rights; ECHR; emissions target; art. 34 ECHR; causal link; common ground.
On the 20th December 2019, the Dutch Supreme Court held that on the basis of the European Convention on Human Rights (ECHR) the Netherlands has a positive obligation to take measures for the prevention of climate change and that it has to reduce its greenhouse gas emissions with at least 25% by the end of 2020, compared to 1990 levels. This contribution focuses on the aspects of the reasoning of the Court which will make the judgment a landmark for future climate change litigation. After having reviewed the decision, this contribution will analyze how the interpretation of the ECHR as a living instrument permitted the Dutch Court to apply, for the first time, the ECHR
to enhance climate change prevention.