In Brief
STRASBOURG, France, April 9 (Reuters) – Europe’s top human rights court ruled on Tuesday that the Swiss government had violated the human rights of its citizens by failing to do enough to combat climate change, in a decision that will set a precedent for future climate lawsuits.
- Human rights court: Swiss climate policies fell short
- Case brought against Bern by 2,000 senior Swiss women
- Mixed ruling as court throws out two other climate cases
The European Court of Human Rights’s ruling, in favour of the more than 2,000 Swiss women known as KlimaSeniorinnen Schweiz (Swiss Senior Women for Climate Protection), is expected to resonate in court decisions across Europe and beyond, and to embolden more communities to bring climate cases against governments.
This ruling is not just a victory for the Senior Women for Climate Protection. Our victory is a victory for all generations. Especially for the Portuguese youth, whose generation will be beneficiaries of a long-term improved climate. The presence of the young people in the courtroom showed the judges the face of human rights for the future.
Co-President of the Swiss Senior Women for Climate Protection Rosmarie Wydler-Wälti
The Grand Chamber of the Court ruled in the case “Verein KlimaSeniorinnen Schweiz and Others v. Switzerland” (application no. 53600/20) that Switzerland is violating the human rights of the older women because the state is not taking the necessary steps to combat global warming. Specifically, the court found a violation of Article 8 (right to private and family life) and Article 6 (right to court).
The Court also found that the action brought by the association, which currently represents over 2,500 women aged 64 and over, also has ‘victim status’. However, it ruled that the action brought by the individual applicants was inadmissible. It found that Switzerland had failed to comply with its duties under the Convention concerning climate change and must now adjust its current climate targets based on science.
I am absolutely overwhelmed and extremely proud that after nine years of intensive work, the senior women have finally got their due. This is an indescribable moment. The significance of this decision cannot be overestimated. It will be of great importance for further climate lawsuits against states and companies worldwide and increase their chances of success. The judgement shows citizens, judges and governments across Europe what is needed in terms of climate protection in order to respect human rights.
Lead lawyer for the Swiss Senior Women for Climate Protection Cordelia Bähr
For the first time, a transnational court specialising in human rights is directly upholding a right to climate protection. In its ruling, the ECtHR lays out specific requirements that member states must meet to comply with their human rights obligations.
The ruling is a landmark case for climate litigation globally. All Council of Europe states could be asked by their citizens to review and, if necessary, strengthen their climate policy based on the principles developed by the ECtHR to safeguard human rights. This would benefit everyone – young and old.
