Gender-Based Climate Change Litigation: A Mere Trend or A Key Solution to Address the Problem

This paper examines the emerging trend of gender-based climate change litigation, emphasizing its potential as a solution to address climate-related gender disparities. The Paris Agreement and other international instruments already recognised the relationship between gender and climate change, highlighting the disproportionate effects of the latter on women, especially in developing countries. The paper discusses significant cases, including KlimaSeniorinnen v. Switzerland and Maria Khan et al. v. Federation of Pakistan, where gender is central to their legal claims. It argues that while litigation can protect vulnerable groups, it remains accessible to a privileged few. To make climate litigation effective, equal access to justice must be provided at all levels. The paper also stresses the importance of incorporating gender-sensitive considerations in climate policies and finance. In conclusion, these gender-based climate claims are a potential catalyst for more inclusive climate litigation, contributing to gender equality and environmental protection. A judgment by the ECtHR in the KlimaSeniorinnen case could set a precedent for European countries and inspire women worldwide to challenge gender-insensitive climate policies. These cases represent a transformative force in climate litigation.