Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Spanish Yearbook of ...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Tilburg University Research Portal
Article . 2025
License: CC BY NC ND
versions View all 2 versions
addClaim

The ECtHR’s KlimaSeniorinnen Judgment: A Cautious Model for Climate Litigation

A cautious model for climate litigation
Authors: Heri, Corina;

The ECtHR’s KlimaSeniorinnen Judgment: A Cautious Model for Climate Litigation

Abstract

The judgment of the European Court of Human Rights in the 2024 case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland represents the first time that an international court found a human rights violation in light of States’ greenhouse gas emissions policies. Responses to this judgment spanned a wide spectrum — from surprised but welcoming academic reactions, to allegations of judicial overreach and calls to terminate Switzerland’s membership in the European Convention on Human Rights from domestic political actors. Various of these discussions consider KlimaSeniorinnen to be an example of public interest litigation, understanding this term as synonymous with that of the proscribed actio popularis. The present contribution engages with this discussion. To do so, it first describes the style of KlimaSeniorinnen as a model judgment sitting somewhere between an individual judgment and an advisory opinion. It then clarifies the content of this model, noting that it is overall cautious or deferential to State decisions and other ongoing processes while also setting important parameters for rights-based litigation. Thirdly, it argues that there is an important distinction to be made between public interest cases, on the one hand, and actio popularis cases, on the other.

Country
Netherlands
Related Organizations
Keywords

KlimaSeniorinnen, SDG 16 - Peace, public interest ligitation, Climate litigation, European Court of Human Rights, actio popularis, victim status, Justice and Strong Institutions

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold
Related to Research communities