Science and evidence for framework climate litigation

The Climate Litigation Network supports national organisations that are taking litigation action against their governments in respect of the adequacy and implementation of national climate policies and targets. This presentation will provide an overview of the role of science in climate cases that challenge governments’ overall emissions reductions (“framework cases”) – of which there are more than 100 globally.

In April 2024, the European Court of Human Rights (ECtHR) issued its first decision relating to climate change. Critically, the ECtHR found that the Swiss government had failed to put in place an adequate domestic regulatory framework to tackle climate change and, as such, was failing to uphold the right to private and family life under the European Convention of Human Rights. This decision will have immense implications for framework cases across Europe and beyond. In particular, in respect of how evidence and science will be used to assess the adequacy of governments’ actions in the context of human rights.

Specifically, one of the key issues with the Swiss government’s approach was that it failed to quantify national greenhouse emissions limitations through a carbon budget. The ECtHR’s assessment shows that states must set their emissions reductions targets in relation to the global remaining carbon budget, and must have regulatory frameworks in place to ensure such targets are met. Given that the global remaining carbon budget for 1.5C is almost exhausted, there will be a pressing need for scientific research to explore how government action can be tracked and verified to be compatible with the Paris Agreement and human rights obligations.

This presentation will highlight the current deployment of science in climate cases against governments and explore new frontiers in light of the ECtHR decision.