Verfassungsblog (May 2024)

Reparation for Climate Change at the ECtHR - A Missed Opportunity or the First of Many Decisions to Come?

  • Miriam Cohen,
  • Vladyslav Lanovoy,
  • Camille Martini,
  • Armando Rocha,
  • Maria Antonia Tigre,
  • Eneas Xavier

DOI
https://doi.org/10.59704/3fe6fe45d83b4da7
Journal volume & issue
no. 2366-7044

Abstract

Read online

The recent rulings on climate change by the European Court of Human Rights (ECtHR) are—as others have pointed out in this blog symposium—both “historic and unprecedented” for various reasons, not least regarding the question of reparation for climate change-related harm. While redress is a pivotal question to think through in relation to climate change, it has, somewhat surprisingly, received less attention from scholars and has not yet been directly addressed by international courts and tribunals. In this regard, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland might be considered a missed opportunity on the part of the ECtHR.

Keywords