This course is part of the project “Jean Monnet Module - Rights Turn in Climate Change Litigation (RCCL)” and it aims to provide a multidisciplinary analysis of human rights-based climate change litigation as a trend developing fast at national, European and global level. The involvement of citizens, individuals, NGOs and the society as a whole in the comprehensive decision-making process to mitigate climate change, or to adapt to it, has triggered an ever-growing involvement of those actors in the several judicial fora, where decisions may be taken in this field.
The course wants to carry out a detailed analysis of this interesting development, and to foster a thorough knowledge and awareness on the protection of human and fundamental rights in the climate change phenomenon.
This course will focus on human-rights based climate change litigation as a fast-growing trend, consisting in strategic claims lodged before national and supranational courts where the plaintiffs seek the government’s accountability for climate policy failures, or for lack of climate ambition.
The analysis of the topic will be developed not only from a legal point of view but with specific attention to its case-law implementation and on the base of a comparative perspective and methodology, involving different national and supranational levels in Europe and beyond.
First of all, human-rights base climate change litigation will be clearly defined, to distinguish them from other categories of climate litigation, tracing their development from the American continent to Europe.
The fundamental rights which can be threatened by climate changes will be then identified, in the multilevel protection system, thus requiring to investigate the legal framework at the Members’ level, at the EU level, within the European Convention on human rights system, and in the international scenario. The course will try to derive some conclusions and anticipate new development in this fast-growing domain, in particular in the perspective of the conceptualization of a subjective right to climate and/or other rights not yet foreseen by national Constitutions and European Charters.
Finally, the contribution of international experts will enable students to understand, on a practical level, to what extent the judicial activism is contributing to shape the general legal framework and public policies related to climate change, in the European Union and in some EU member states.
Starting from its first appearance on the international scenario in 2005 with the Inuit Petition before the Interamerican Commission on Human Rights, human rights-based climate litigation spread rapidly across the American continent, creating a relevant national and supranational case-law.
Recently, also Europe has started experiencing climate litigation in its jurisdictional landscape. The tendency sees especially national courts as main boosters in seeking government’s accountability for climate policy failure that endanger the society, by providing the link between government’s inaction and specific climate change related harms. The first European cases were brought before national courts by individuals and organizations seeking more effective actions to combat climate change by their States.
Moreover, the increasing number of climate change-related applications brought before the European supranational Courts provide them with a unique opportunity to forge the legal path towards a more comprehensive and effective implementation of the Charter of fundamental rights of the European Union and the European Convention of Human Rights.
The aim of the Course is to analyse this wave of legal actions. One of its key features consists in the analysis and discussion of human rights and constitutional law arguments, in a new trend described by scholars as a “rights-turn” in climate litigation.
The course will focus on rights-based climate change litigation. Therefore, the international and European environmental law framework and its impact on the domestic legal systems - which is the subject matter of the Course “EU and Transnational environmental Law” of Masters’ degree in Law – will be only recalled as the “constitutional” framework where to place the strategic ligation challenging rights violations, and in view of which to evaluate the outcomes of the legal actions.
The Course is structured into four main sections.
(i) A Global approach to human rights and climate change litigation will allow this type of legal actions to be defined, and to understand the overall trend. Its birth and development will be traced in the American Continent, and therefore its spread around the world, especially in Europe.
The presentation of selected case law and the interactive discussion with students will make it possible to identify and illustrate the theoretical challenges beyond the relationship between human rights and climate change.
(ii) The European path towards a comprehensive justiciability of human rights in climate change litigation.
(iii) and (iv) Two international experts will give students a comprehensive analysis of all the relevant elements at stake. On the basis of a multidisciplinary approach, students will be able to derive the legal consequences of this litigation and better understand and assess to what extent the judicial activism is contributing to shaping the public policies related to climate change, in the European Union and in some EU countries
There are no specific requirements
Lectures will be given in-presence; professors will present topics, also using slideshow and answering student questions that may arise. Part of the course is characterized by a case-based learning, with case- study analysis and collaborative scenario discussions.
The Course materials (teaching materials, readings and bibliography) will be available on Aulaweb, and students are invited to register to the platform as soon as possible; additional texts, readings and other learning material will be uploaded at least two days before the respective session.
Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher and the Department's disability liaison officer at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.
The following topics will be addressed in detail:
At the end of the Course, the students will be expected to:
All these outcomes shall be assessed during the written exams.
Attending students (who have attended at least 75% of the lessons): learning materials (slides, lecture notes, legal references, jurisprudence and in-depth reading) uploaded on Aulaweb.
Non-attending students: learning materials (slides, lecture notes, legal references, jurisprudence and in-depth reading) uploaded on Aulaweb in a special folder.
Ricevimento: Student meetings are held by appointment, to be arranged via email at patrizia.magaro@unige.it
Ricevimento: Students may contact the professor by e-mail
PATRIZIA MAGARO' (President)
LARA TRUCCO
FRANCESCA BAILO (President Substitute)
MICHELE FRANCAVIGLIA (President Substitute)
VINCENZO SCIARABBA (Substitute)
The course will take place during the first semester of the academic year 2025/2026 (according to the calendar and timetabel available on EasyAcademy-Unige), starting on September 15th, 2025.
The timetable for this course is available here: EasyAcademy
For attending and non-attending students, the final exam is in written form. During the exam, students will be asked to answer a number of questions designed to test their acquired knowledge and ability to navigate the subject matter.
The written exam is designed to assess knowledge of the topics covered in the course.
The greater or lesser number of questions, their greater or lesser specificity, and the greater or lesser duration of the examination are methods for ascertaining as accurately as possible – within the limited time available – the quantity and quality of the knowledge and skills acquired.
The correctness and accuracy of the presentation, the appropriate use of legal terminology and, in particular, the ability to think critically about the topics studied will also be assessment criteria.
The level of learning will be assessed with a final mark out of 30.
Students having a valid certification of disability or Specific Learning Disorders (DSA) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability responsible: Isa.Fanlo@unige.it
Students are invited to register for the course on Aulaweb.
