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KlimaSeniorinnen case: Climate change legal scholarship needs empiricism, not hype KlimaSeniorinnen case: Climate change legal scholarship needs empiricism, not hype

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  • Julien Bétaille
  • Guillaume Chapron

Abstract

In April 2024, the European Court of Human Rights ruled in the KlimaSeniorinnen case that Switzerland had not implemented a legal framework capable of addressing climate change and that this constituted a violation of the right to private and family life. Despite being celebrated as “historic,” this ruling reflects established case law rather than a legal breakthrough. Hyperbolic reactions reveal a lack of empirical rigor in legal commentary, which undermines evidence-based climate policymaking. We caution against exaggerating the impact of individual rulings, given limited evidence of their influence on climate policies and emissions reductions, and encourage legal scholars to instead adopt methodological rigor akin to practices in other scientific disciplines. Specifically, we advocate for empirical approaches in law, through comprehensive data collection, robust statistical methods, and systematic analysis to better understand the role of courts in climate change mitigation.

Suggested Citation

  • Julien Bétaille & Guillaume Chapron, 2025. "KlimaSeniorinnen case: Climate change legal scholarship needs empiricism, not hype KlimaSeniorinnen case: Climate change legal scholarship needs empiricism, not hype," PLOS Climate, Public Library of Science, vol. 4(3), pages 1-4, March.
    • Handle: RePEc:plo:pclm00:0000589
    DOI: 10.1371/journal.pclm.0000589
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    1. Charlotte E. Blattner, 2024. "European ruling linking climate change to human rights could be a game changer — here’s how," Nature, Nature, vol. 628(8009), pages 691-691, April.
    2. Richard Monastersky, 2024. "The climate-crusading lawyer who sued Switzerland over global warming — and won," Nature, Nature, vol. 636(8043), pages 554-554, December.
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