Cambiamento Climatico e Diritti umani. Note alla sentenza della Corte europea dei diritti umani Verein KlimaSeniorinnen e altri c. Svizzera

In its judgment in Klimaseniorinnen v. Switzerland, the Grand Chamber of the ECHR for the first time explicitly recognised the relationship between human rights and climate change, despite the absence of an ad hoc provision in the text of the Convention. In particular, the Court recognised States’ positive obligations under Article 8 («right to respect for private and family life»), drawing on its own environmental jurisprudence. While allowing States discretion in choosing what measures to take, the Court reaffirmed the role of the courts as guardians of the rule of law, especially in the face of the threat of a phenomenon such as climate change.