Abstract

The opinion focuses on the European Court of Human Right's (ECtHR) recent judgment in Verein KlimaSeniorinnen Schweiz v Switzerland which was handed down on 9 April 2023. The decision broke new ground by establishing that ‘Article 8 of the European Convention of Human Rights must be seen as encompassing a right for individuals to effective protection by the State authorities from serious adverse effects of climate change on their life, health, well-being and quality of life’. The opinion discusses five key aspects of this voluminous judgment which will likely have an impact far beyond this individual case, including the points made relating to the role of the ECtHR, courts in general and the Convention as a living instrument.

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