Climate Change Litigation: International court rules on violation of human rights in landmark climate case

In recent years, there has been a significant increase in legal actions that concern the impact of climate change, both nationally and internationally, and now, for the first time, the European Court of Human Rights (ECtHR) have made a definitive contribution to case law on the issue.

In their April 2024 judgment in the matter of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland the ECtHR found that Article 8 of the European Convention on Human Rights (EHCR), being the right to respect for private and family life, is impacted by climate change.

In this article, we discuss the key findings of the ECtHR and the impact of those findings, before comparing the outcome to similar lawsuits in Australia and England. Finally, we consider the potential impact of the “Climate Seniors” action on current environmental appeals in Germany which will soon be determined by the Federal Court of Justice.