European Court Expands Human Rights Convention to Include Climate Harm

Commentary On April 9, 2024, the European Court of Human Rights rendered a momentous judgment that, potentially, will have far-reaching effects on climate change law and litigation worldwide, including in Australia. In a 16 to 1 judgment, the Court decided that Article 8 of the Convention on Human Rights, which protects the right to respect for private and family life, had been violated by the Swiss authorities for not adopting effective and timely measures to mitigate the impact of climate change on the plaintiffs. In this case, elderly women over 70 claimed the government’s inactivity harmed their health and endangered the prosperity of future generations. The group’s organisation, Verein KlimaSeniorinnen, was set up to “promote and implement effective climate protection on behalf of its members.”...