Landmark ruling linking climate to human rights: European Court of Human Rights condemns Switzerland

The European Court of Human Rights condemned Switzerland in its ruling For the first time, it links the protection of human rights with compliance with climate obligations. In three separate cases, judges were called to determine whether countries had violated the rights of their citizens because they failed to take measures to mitigate the effects of climate change as required by the 2015 Paris Climate Agreement (Cop21).

The Association of Older Women, which sued Switzerland, has partially won the appeal. The European Court of Human Rights excluded the violation of Article 2 from the ruling The Swiss state was condemned for violating Article 8 of the European Convention To protect human rights, i.e. the right to respect for private and family life, as adequate measures have not been taken to mitigate the effects of climate change.

The court did so instead Two similar cases were rejected Presented respectively by six young Portuguese activists and the former mayor of Grand-Synthes, France. Despite the different reasons, the Strasbourg judges found both cases inadmissible.

Cases decided by the European Court of Human Rights

Swiss

Association of Older Women in Climate Action Switzerland et al v. Switzerlandan action initiated following the appeal made by the Swiss Association of Seniors for climate protection in Switzerland and others Individual plaintiffs, supported by Greenpeace Switzerland.

The appellants ask the court to oblige Switzerland to intervene to protect their human rights, and to adopt the necessary legislative and administrative measures to contribute to Avoid increasing the average global temperature by more than 1.5 degrees percentage, and implementing concrete goals to reduce greenhouse gas emissions.

The Elders' Climate Call, presented on 29 March 2023, was “The first case ever on the subject of climate change heard by the Grand Chamber. As part of this procedure, Italy, as a third party, through the State Prosecutor, submitted its own brief in support of Switzerland’s position.”

Portugal

Duarte Agostino et al. v. Portugal and 32 other countriesThe lawsuit filed by A A group of Portuguese youth Against 32 countries accused of not doing enough to reduce emissions.

France

Lent Francewhich features former Transalpine Mayor Grande-Synthe, who claims this France did not take adequate measures to limit global warming.

The ruling in the three aforementioned cases demonstrates “the growing importance of so-called climate litigation.” Significant implications for climate jurisprudence and human rights“A ruling in principle is expected, which all Council of Europe countries, including Italy, will have to refer to,” Greenpeace said.