KlimaSeniorinnen and gender

Abstract

Much has been said already about the decision in KlimaSeniorinnen v. Switzerland granted on Apr 9, 2024 by the European Court of Human Rights (ECtHR or the Court). The Court’s decision was groundbreaking in that it established an obligation to mitigate greenhouse gas (GHG) emissions as a human rights duty, required countries to establish a carbon budget, and arguably established a new right under the European Convention on Human Rights (ECHR). ’ Still, there is much more to discuss regarding its broader implications for climate litigation. This chapter discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. To date, very few climate cases have addressed the gendered dimensions of climate change and there was some hope that this case would. However, as this chapter argues, despite the fact that KlimaSeniorinnen is a case about the impacts of climate change on elderly women, the Court fails to meaningfully engage with gender as a

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ORCID for Dina Lupin: orcid.org/0000-0002-6531-8066

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