Den Teufel mit dem Beelzebub austreiben? Die Neuvermessung der Opfereigenschaft im KlimaSeniorinnen-Urteil

In a counter-intuitive step, the ECtHR has narrowed the concept of victim status in the KlimaSeniorinnen judgment in relation to natural persons and, conversely, created a new type of locus standi for associations representing persons affected by climate change. In this way, the ECtHR aims to strike a balance between opening up the ECHR legal protection system to climate complaints and avoiding actiones populares. In particular, the ECtHR rejects the status of natural persons as potential victims of climate change, at least for the time being. At the same time, it recognises direct victim status in principle, but creates high hurdles for its activation with the new ES test. All climate seniors failed to meet this particularly high threshold. The Müllner/Austria case soon to be decided by the Strasbourg Court will constitute the litmus test as to whether the group of climate change victims is actually a zero quantity. In addition, the further ECtHR climate jurisprudence will increasingly have to face intersectionality arguments, especially in the operationalisation of the vulnerability concept. TheUNConvention on the Rights of Persons with Disabilities is particularly relevant in this regard, but also the UN Convention on the Rights of the Child in view of the particular vulnerability of children and young people vis-à-vis the adverse effects of climate change.