KlimaSeniorinnen and the Question(s) of Causation

Vladislava Stoyanova (author)

Export Metadata

Raw

Metadata
Title	KlimaSeniorinnen and the Question(s) of Causation
Contributor	Vladislava Stoyanova (author)
DOI	https://doi.org/10.59704/b23de997b1b05bdc
Landing page	https://verfassungsblog.de/klimaseniorinnen-and-the-questions-of-causation/
License	https://creativecommons.org/licenses/by-sa/4.0/
Publisher	Verfassungsblog
Published on	2025-09-09
Long abstract	In Verein Klimaseniorinnen Schweiz and Others v Switzerland, the European Court of Human Rights makes many general statements about the nature of climate change and different actors’ roles in addressing it. Many points have been addressed in this blog symposium. In my blog post, I turn to a more technical aspect of the judgment, namely the question of causation. I will untangle the analytical gymnastics that the Court performs regarding this question. I will argue that the reasoning regarding causation is confusing and that it is not clear how specifically the ‘real prospect’ test is applied for finding a breach.
Language	English (Original)

In Verein Klimaseniorinnen Schweiz and Others v Switzerland, the European Court of Human Rights makes many general statements about the nature of climate change and different actors’ roles in addressing it. Many points have been addressed in this blog symposium. In my blog post, I turn to a more technical aspect of the judgment, namely the question of causation. I will untangle the analytical gymnastics that the Court performs regarding this question. I will argue that the reasoning regarding causation is confusing and that it is not clear how specifically the ‘real prospect’ test is applied for finding a breach.