Intersectional Victims as Agents of Change in International Human Rights-Based Climate Litigation

Bibliographic Data

ID4914909
AuthorsAndreas Hefti (0000-0001-9981-7640, Harvard University Press, corresponding author)
Year2024
Volume13
Issue3
Pages610-635
Publication date2024-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTransnational Environmental Law (JOURNAL)
Journal identifiersISSN: 2047-1025 • E-ISSN: 2047-1033
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2047102524000128
OpenAlexW4394847103
LanguageEN
Citations received1
References cited6

Climate change uniquely affects those who are at the intersection of several inequalities simultaneously, such as those based on gender, age, and disability. This makes them 'directly affected' by climate change, which is crucial in establishing 'victim status' under Article 34 of the European Convention on Human Rights. At the same time, as a result of unequal power relations, intersectional victims face exclusion from, or minimal participation in, political decision-making processes concerning climate change. This further justifies their claim to victim status as a matter of procedural climate justice. As agents of change, intersectional victims, namely elderly women and girls with disabilities, can be empowered to contribute to climate decision making, thereby reshaping unjust power relations. The article examines two climate cases currently before the European Court of Human Rights: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, brought by elderly women, and Duarte Agostinho et al. v. Portugal and 32 other States, brought by children and young people

Climate change · Convention · Economic Justice · Geography · Human rights · Inequality · Political science · Politics · Social science · Sociology · United Nations Framework Convention on Climate Change · Climate Change and Geoengineering · Corporate Law and Human Rights · Environmental law and policy · Law · Ecology

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