Rethinking the Determination of Victim Status in Rights-based Climate Change Litigation

Abstract

The current article examines the interpretation and application of the standing or victim status requirement in rights-based climate change litigation. This is one of the criteria human rights (quasi-)judicial bodies use to assess the admissibility of the complaints brought before them. The determination of victim status in climate change cases comes with a specific set of challenges, not only because virtually everyone in the world is a victim of climate change, albeit to varying degrees, but also due to the difficulty associated with establishing a causal link between the impugned harm or violation and climate change. Using the KlimaSeniorinnen case as a case study, this article seeks to highlight the unique questions and challenges climate change presents in the determination of victim status and identify the limitations of the existing norms and principles in addressing these challenges. The article also proposes alternative approaches to the interpretation of this criterion in order to make human rights complaint procedures more responsive to contemporary issues.