Climate Change Litigation Before the European Court of Human Rights: How Senior Women from Switzerland Might Advance Human Rights Law

VerfBlog, 2022/5/16, https://verfassungsblog.de/climatechange-litigation-before-the-ecthr/, DOI: 10.17176/20220516-182357-0 .

6 Pages Posted: 6 Jul 2022

See all articles by Johannes Reich

Johannes Reich

University of Zurich

Flora Hausammann

University of Zurich; King's College London

Nina Boss

University of Zurich - Faculty of Law

Date Written: May 16, 2022

Abstract

Verein KlimaSeniorinnen Schweiz and Others v. Switzerland is the first case of climate change litigation before the European Court of Human Rights (ECtHR) where all domestic remedies have been exhausted. The Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber. This reinforces the potential of the case to become a landmark ruling determining the Court’s approach to climate change. Ambitious policy pronouncements on how to mitigate climate change in the distant future are in no short supply. Whether a judgement on the merits by the ECtHR in the matter of ‘KlimaSeniorinnen’ will count as a ‘success’ should therefore not solely be determined on the basis of the ‘message’ such a decision will convey. Rather, a judgment that merits the status of a landmark ruling must go beyond such symbolism and establish a firm interpretative link between international law on climate change and human rights law.

Keywords: climate change litigation; human rights; ECtHR; European Court of Human Rights; Paris Agreement; climate change; mitigation; strategic litigation; public good

JEL Classification: K32, K33, K41, H41, Q54

Suggested Citation

Reich, Johannes and Hausammann, Flora and Boss, Nina, Climate Change Litigation Before the European Court of Human Rights: How Senior Women from Switzerland Might Advance Human Rights Law (May 16, 2022). VerfBlog, 2022/5/16, https://verfassungsblog.de/climatechange-litigation-before-the-ecthr/, DOI: 10.17176/20220516-182357-0 ., Available at SSRN: https://ssrn.com/abstract=4142658

Johannes Reich (Contact Author)

University of Zurich ( email )

Faculty of Law
Raemistrasse 74/8
Zurich, 8001
Switzerland

HOME PAGE: http://www.ivr.uzh.ch/en/institutsmitglieder/reich.html

Flora Hausammann

University of Zurich ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

King's College London ( email )

Strand
London, England WC2R 2LS
United Kingdom

Nina Boss

University of Zurich - Faculty of Law ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
91
Abstract Views
193
rank
400,463
PlumX Metrics