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Reshaping climate justice

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KlimaSeniorinnen unpacked: David Lawne, Luke Grimes & Ginevra Bicciolo discuss the first successful climate change case grounded in European Convention rights
  • In a seminal judgment delivered in April 2024, the European Court of Human Rights found for the first time that a country’s failure to combat climate change constitutes a violation of human rights under the European Convention on Human Rights.
  • The ruling sets a low bar for associations to have standing to bring climate change cases, likely shaping the future landscape of climate litigation.

The European Court of Human Rights (ECtHR) recently delivered judgments in three groundbreaking climate cases: Verein KlimaSeniorinnen Schweiz et al v Switzerland (App No 53600/20), [2024] ECHR 53600/20, Carême v France (App no 7189/21), and Duarte Agostinho et al v Austria et al (App no 39371/20).

For the first time, litigants argued before the court that the European Convention on Human Rights imposes obligations on states to combat the effects of climate change. The court’s verdict promises to reshape the landscape of climate litigation in Europe.

While

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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