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🌱 European Law Panel: Climate Change Recognized as a Human Rights Issue 🌍⚖️

At the 2025 European Law Institute meeting in Vienna, experts linked climate change to fundamental human rights. Landmark cases and international rulings show how courts are shaping climate justice across Europe.

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Green Glow
September 29, 2025

At the 2025 annual meeting of the European Law Institute (ELI) in Vienna, Austria, legal experts, judges, and policymakers came together to tackle one of the most pressing issues of our time: the intersection of climate change and human rights. The keynote panel, Fundamental Rights and the Environment, highlighted how climate change is increasingly being recognized not just as an environmental or scientific matter but as a human rights challenge with far-reaching consequences.

Table of Contents

Recent landmark cases in international and European courts laid the foundation for treating environmental protection as a core human right.

  • European Court of Human Rights (ECtHR) – April 2024
    In Verein KlimaSeniorinnen Schweiz v. Switzerland, four senior women successfully argued that climate change threatened their rights under the European Convention on Human Rights. The case was historic as the treaty does not explicitly mention climate change.

  • International Tribunal for the Law of the Sea – May 2024
    The Tribunal issued an advisory opinion stating that states are obligated to reduce greenhouse gas emissions to safeguard the marine environment, again despite climate change not being directly named in the treaty.

  • International Court of Justice (ICJ) – July 2024
    The ICJ issued a sweeping advisory opinion, affirming that environmental protection is a precondition for enjoying fundamental human rights such as health, livelihood, and housing.

Together, these cases signal a powerful legal trend: the recognition of climate protections as inherent human rights.

The Role of the European Law Institute

Founded in 2011 and based at the University of Vienna, the European Law Institute serves as an independent legal think tank supported by the EU. Its mission is to draft model rules and provide legal guidance on emerging global challenges.

The 2025 meeting, themed around sustainability and climate change, featured a keynote panel moderated by Owen Bowcott, former legal affairs correspondent for The Guardian. The panel included:

  • Georg Kodek, President of the Austrian Supreme Court

  • Sirpa Rautio, Director of the EU Agency for Fundamental Rights (FRA)

  • Andreas Wolter, Mayor of Cologne and Chair of the Climate Alliance

Insights from the Panelists

Andreas Wolter: Climate Protection as Political Choice

Representing the Climate Alliance, a network of 2,000 European cities, Wolter argued that climate protection is not legally mandated for elected leaders. Instead, it often depends on political will, making decisive action harder to achieve.

Sirpa Rautio: A Human-Rights-Based Green Deal

Rautio highlighted the FRA’s 2025 study, Towards a Fundamental Rights-Compliant Green Deal. She argued for a human-rights-based approach to EU environmental policies, noting that while treaties don’t explicitly mention climate change, there is growing recognition of a human right to a safe, clean, and sustainable environment.

Georg Kodek: The Courts’ Limited Role

Kodek acknowledged the growing number of cases linking climate change to human rights, including Müllner v. Austria, currently before the ECtHR. He warned that courts are often left to decide cases politicians avoid, placing them in a difficult position.

  • He stressed the judiciary’s limited authority, noting that not all climate claims fall under the ECtHR’s jurisdiction.

  • He also pointed out that some politicians see the Court as “activist,” even threatening to withdraw from the European Convention on Human Rights.

The Broader Debate

Before the panel discussion, attendees heard a prerecorded message from Jane Goodall, the renowned primatologist, who urged the legal field to take a leadership role in addressing climate change.

The discussions underscored several key themes:

  • Climate change is no longer just a policy debate, but a matter of protecting fundamental rights.

  • Courts across Europe are becoming battlegrounds for climate justice, though not without limits or political controversy.

  • Advisory opinions from the ICJ and international tribunals will likely influence future national rulings, reinforcing the global recognition of climate rights.

Conclusion

The 2025 European Law Institute meeting made clear that the link between climate change and human rights is gaining undeniable traction. As global courts set new precedents, and European institutions push for rights-based climate policies, the legal landscape is shifting rapidly.

Whether through litigation, political action, or international treaties, the recognition of a human right to a healthy environment is becoming one of the defining legal evolutions of our time. The challenge ahead lies in balancing judicial limits, political responsibilities, and the urgent need for climate protection.

FAQs

 Why is climate change considered a human rights issue?

Because climate change threatens fundamental rights such as the right to life, health, housing, and livelihood. Courts and tribunals increasingly recognize environmental protection as a precondition for the enjoyment of these rights.

What role do European courts play in climate justice?

European courts, particularly the European Court of Human Rights (ECtHR), have been central in advancing the recognition of climate change as a rights issue. However, their jurisdiction is limited, and many cases still depend on political action.

What was the significance of Verein KlimaSeniorinnen Schweiz v. Switzerland?

It marked the first time the ECtHR ruled in favor of citizens (four senior women) claiming their rights were violated by inadequate climate policies, even though climate change is not explicitly included in the European Convention on Human Rights.

How does the EU Agency for Fundamental Rights (FRA) approach climate change?

The FRA advocates for a human-rights-based Green Deal, framing climate action as essential for protecting established fundamental rights, even if not explicitly stated in EU treaties.

What challenges remain in linking climate change and human rights?

Key challenges include limited judicial authority, accusations of judicial activism, political resistance, and the difficulty of enforcing broad climate rulings across diverse legal and national systems.

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