Confronting Human Rights Justifications in Climate Litigation: Developing a New Methodological Approach for the Systematic Ongoing Direct Civil Society Engagement

This article introduces and applies the innovative Systematic Ongoing Direct Civil Society Engagement (ODCSE) methodology developed under the Horizon Europe HRJust project to examine how states justify their actions through human rights discourse, with a focus on climate litigation. The ODCSE approach emphasizes participatory, iterative engagement with civil society to evaluate the legitimacy and accountability of human rights justifications (HRJs). Drawing on qualitative and quantitative findings, the article shows how the ODCSE methodology has been used to map common state strategies in climate-related HRJs, comparing general and context-specific practices, and identifying the influence of geopolitical dynamics. A key contribution of this process is the integration of gender and intersectionality within the ODCSE framework. Recognising that climate impacts – and connected human rights narratives – are shaped by gender, race, and other intersecting factors, the methodology actively includes feminist and marginalised civil society voices in the co-production of knowledge. The article concludes with proposals for strengthening the role of the EU and global actors in promoting transparent, gender-responsive human rights justifications in climate policy.