The Principle of Systemic Integration at the ECtHR after Verein KlimaSeniorinnen Schweiz
Other, pp.1, 2024
- Publication Type: Other Publication / Other
- Publication Date: 2024
- Page Numbers: pp.1
- Ankara Yıldırım Beyazıt University Affiliated: Yes
Abstract
On April 9 2024, the European Court of Human Rights (ECtHR or ‘the Court’) issued a landmark ruling in the case of Verein KlimaSeniorinnen Schweiz and others v Switzerland, marking its inaugural adjudication on climate change. This decision found a violation of Articles 8 and 6(1) of the European Convention on Human Rights (ECHR), predictably generating significant discourse, with numerous analyses emerging in its wake (for example, see: here, here and here). This commentary specifically aims to highlight the ECtHR’s extensive reference to ‘relevant international law instruments’ within this judgment, arguing that the Court’s methodology aligns with its established practice of incorporating various international human rights law instruments into its decisions.
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Three issues seem clear: The Court’s interpretation of the ECHR in the light of other relevant instruments helped the Court to identify the positive obligations of Switzerland in the context of climate change regarding the Article 8 of the ECHR. Second, the Court’s approach in Verein KlimaSeniorinnen goes parallel with the climate change jurisprudence quoted in the judgment in terms of protecting the rights of groups of individuals (Neubauer) or non-governmental organisations (Urgenda) – instead of individuals. Thirdly, the decision on the breach of Article 6(1) of the ECHR shows that the procedural rights will play a significant role in the Court’s jurisprudence on climate change. The interpretation of the ECHR in the light of the Aarhus Convention in Verein KlimaSeniorinnen might have strengthened the Court’s unanimous decision of violation of Article 6(1).