The KlimaSeniorinnen case is a landmark judgment in terms of climate litigation by the European Court of Human Rights
In this week’s NLJ, David Lawne, partner, Luke Grimes, senior associate, and Ginevra Bicciolo, associate, Hausfeld, write that the case ‘firmly establishes the principle that inaction by states on climate change may constitute a breach of human rights’.
Lawne, Grimes and Bicciolo take an in-depth look at the case and why it succeeded. They assess its implications for future litigation, both in the UK and in Convention contracting states abroad.
The authors note it sets a high bar for individual applicants and a low bar for associations seeking to bring climate change cases. They write: ‘In doing so it recognised that associations play a crucial role in representing those most affected by climate change, such as future generations who cannot speak for themselves.’
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