In a historic ruling, the European Court of Human Rights stated that Switzerland’s climate policies infringe upon fundamental human rights, marking a critical precedent for future climate litigation.
In a groundbreaking decision on April 9, 2024, the European Court of Human Rights ruled that Switzerland’s insufficient climate change policies violate fundamental human rights, marking a significant precedent in climate litigation. This ruling, the first of its kind, was made in favor of the KlimaSeniorinnen group, a collective of senior Swiss women who argued that the government’s inaction on climate issues placed them at increased risk during heatwaves.
The court’s judgment addresses the intersection of human rights and climate action, emphasizing the necessity for nations to implement robust measures to mitigate climate change’s impact, especially on vulnerable populations. This decision stemmed from a series of cases brought to the court, including those by a French mayor, Portuguese youths, and the Swiss women, focusing on governments’ responsibilities to curb greenhouse gas emissions in line with the global commitment to limit warming to 1.5 degrees Celsius above pre-industrial levels.
The Swiss case stood out as the European Court of Human Rights not only recognized the legitimacy of their claims but also highlighted the Swiss government’s failure to meet greenhouse gas emission reduction targets, thus infringing on the right to a private and family life. Rosmarie Wydler-Walti, a leader of the Senior Women for Climate Protection, hailed the decision as a victory for all generations, underscoring the broader implications for global climate action.
While the court dismissed similar claims from the French and Portuguese plaintiffs, the overarching message underscores an urgent call for nations to align their climate policies with scientific recommendations. Environmental organizations and legal experts have praised the ruling for its potential to motivate a wave of climate-related litigation, holding governments accountable for their climate commitments. The ruling arrives amidst reports of record-high temperatures, further emphasizing the pressing need for action.
This landmark decision by the European Court of Human Rights signifies an essential step in utilizing legal avenues to combat the climate crisis and protect human rights, setting a precedent that could inspire similar legal actions across Europe and beyond.
