KlimaSeniorinnen v Switzerland: what happens next? Exploring the pathways to implementation and compliance - video

In April 2024, the European Court of Human Rights delivered a pivotal ruling in the case of KlimaSeniorinnen and Others v. Switzerland. The decision has been hailed by legal scholars as a landmark judgment, one that may “transform” climate litigation in Europe and beyond (Bönnemann & Tigre). However, nine months on, questions about the real-world impact of the judgment remain unanswered.

The ruling affirmed that climate change poses a direct and substantial threat to human rights and cemented the obligation of states to undertake effective climate action. On the evidence before it, the Court held that there were several “critical lacunae” in Switzerland’s climate action.

In October 2024, the Swiss government submitted an action report in response to the decision. It argues that, thanks to measures agreed since the Court issued its judgment, Switzerland is now compliant with the Court’s requirements. This position is disputed by lawyers for the plaintiffs. This event explored the background to the case and what might happen next, picking over the thorny issues raised by the case and Switzerland’s response. Speakers also considered how this case fits into the broader landscape of climate litigation cases against states (known as “government framework cases”), and its implications for the effectiveness of climate litigation as a tool for influencing climate governance.

Speakers

• Kate Higham, Senior Policy Fellow, Grantham Research Institute (Chair)
• Floris Tan, Senior Legal Associate at the Climate Litigation Network
• Başak Çalı, Professor of International Law, Oxford Bonavero Institute of Human Rights
• Vetle Magne Seierstad, Legal Advisor, Norwegian Human Rights Institution (NHRI)