Victim Status and Locus Standi Before the European Court of Human Rights in Climate Change Cases: Where Next?

In Verein KlimaSeniorinnen Schweiz and Others v Switzerland, the European Court of Human Rights articulated a novel and tailored approach to addressing climate change within the framework of the European Convention on Human Rights. The Court’s assessment of the applicants’ victim status and locus standi revealed tensions between the structural features of the Convention system and the unique challenges posed by climate change, leading to a compromise approach that has sparked significant debate. This article contributes to the ongoing discussion by proposing an alternative interpretation of the victim requirement and locus standi in climate change cases such as KlimaSeniorinnen. By highlighting the role of particularly vulnerable groups as victims and of associations as their most appropriate representatives, the proposed approach aims to value the inherently collective and preventive nature of human rights-based climate change litigation while avoiding too rapid a departure from the established system of protection under the Convention.