Climate change litigation and the boundaries of victim Status in ECHR law

The Verein KlimaSeniorinnen Schweiz and Others v. Switzerland judgment attracted immediate and global attention. It has been referenced as a landmark judgment, one that may influence and even transform climate litigation in Europe and beyond. However, more than a year later, questions about its exact impact remain unanswered. This contribution critically reflects on the procedural aspect of the judgment, in particular the ECtHR's approach to locus standi and the victim status of the applicants. It argues that KlimaSeniorinnen marks an important step in advancing the justiciability of climate-related claims by allowing associational standing, but that it also imposes clear limits because it effectively excludes individual victim status. This outcome is not only paradoxical in light of the Court's existing case law, but also places a disproportionate burden on individual applicants, given that collective action may not always be a suitable or available avenue. Consequently, this contribution explores ways in which the Court's approach to legal standing could be adapted in pending and future climate cases.

Climate change · Collective action · Justiciability · Restitution · Corporate Law and Human Rights · Environmental law and policy · International Environmental Law and Policies