Verfassungsblog (May 2024)

<p><em>KlimaSeniorinnen</em> and the Question(s) of Causation</p>

  • Vladislava Stoyanova

DOI
https://doi.org/10.59704/b23de997b1b05bdc
Journal volume & issue
no. 2366-7044

Abstract

Read online

In Verein Klimaseniorinnen Schweiz and Others v Switzerland, the European Court of Human Rights makes many general statements about the nature of climate change and different actors’ roles in addressing it. Many points have been addressed in this blog symposium. In my blog post, I turn to a more technical aspect of the judgment, namely the question of causation. I will untangle the analytical gymnastics that the Court performs regarding this question. I will argue that the reasoning regarding causation is confusing and that it is not clear how specifically the ‘real prospect’ test is applied for finding a breach.

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