Climate change is already contributing to the displacement of millions of people worldwide by increasing the frequency and intensity of adverse weather events. Faced with a ‘protection gap’ in the international legal framework, proposals for responding to the phenomenon overwhelmingly rely on the State to act, with limited discussion of the potential to develop the scope of protection through litigation. Recognising the potential for litigation to address immediate protection needs whilst also developing the scope of protection more broadly, this discussion paper advances an interpretation of Article 8 of the European Convention on Human Rights that would require a ‘fair balance’ to be struck between the interests of the State and the right of the individual to his/her physical and moral integrity. The role of the host State in contributing to climate change-related harm through historical and current greenhouse gas emissions would be a relevant factor to weigh in the balance. However, a note of caution is struck owing to the significant challenges involved in establishing the role of climate change in specific weather events.