Climate change litigation in the European Court of Human Rights: from the protection of rights to the objective review of the law? (Commentary on the ECtHR judgment Klimaseniorinnen Schweiz and Others v. Switzerland)

Abstract

The KlimaSeniorinnen v. Switzerland judgment consolidates climate litigation as an area protected under the European Convention on Human Rights (hereinafter, ECHR). This paper examines whether the judgment entails a shift in the role traditionally played by the European Court of Human Rights, from adjudicating individual cases to assuming functions akin to objective review of norms. To this end, it outlines the particular features that make it difficult to fit climate litigation within the system of individual rights protection, and it analyses three elements that could potentially alter the ECtHR’s role: first, the expansion of standing; second, the review of climate-change measures under Article 8 ECHR; and finally, the obligation under Article 6.1 ECHR for national courts to admit climate-related claims lodged by various associations.