ECHR Holds Switzerland In Breach Of Human Rights Convention For Climate Inaction

The European Court of Human Rights (“ECHR”) found Switzerland in breach of Article 8 and Article 6 of the European Convention on Human Rights (Convention). These articles guarantee the right to respect for private and family life and access to the court system, respectively. The court stated that the State must adopt and implement effective measures to mitigate climate change's adverse effects. Brief Facts: The case before the ECHR was initiated by Verein KlimaSeniorinnen Schweiz (Senior Women for Climate Protection), an advocacy group consisting of over 2,000 elderly women in Switzerland. Concerned about the impacts of climate change on their well-being, particularly regarding heat-related illnesses and other health risks associated with rising temperatures, the group decided to take legal action against the Swiss government. Their complaint centred on Switzerland's alleged failure to implement sufficient measures to combat climate change, despite its obligations under the European Convention on Human Rights ("Convention"). The group argued that Swiss authorities had not taken adequate steps to mitigate the effects of climate change, jeopardizing the rights of citizens to a safe and healthy environment as guaranteed by the Convention. After exhausting avenues within the Swiss legal system without success, including multiple attempts to seek recourse through the courts, the group escalated their case to the ECHR. Observations by the ECHR: The court found Switzerland in violation of Article 8 (right to respect for private and family life) and Article 6, Section 1 (access to court) of the Convention due to its failure to implement adequate measures to combat climate change. In a majority ruling of 16 to 1, the Grand Chamber of the ECHR held that Switzerland had breached its obligations under the Convention by not taking sufficient action to mitigate climate change. The court highlighted critical gaps in Switzerland's domestic regulatory framework, including the failure to quantify national greenhouse gas emissions limitations and meet past emission reduction targets. Furthermore, the ECHR found that Swiss courts had inadequately considered the legal action brought by Verein KlimaSeniorinnen Schweiz, providing insufficient reasons for dismissal, thereby violating Article 6, Section 1 of the Convention. As a result of its findings, the ECHR ordered Switzerland to pay 80,000 euros to cover the group's costs and expenses related to the case. This ruling marks the first time the ECHR has confirmed that climate change protection falls within the scope of the Convention. Similar Cases: Duarte Agostinho and Others v. Portugal and 32 Others: This case involved six Portuguese individuals aged 12 to 24 who filed a complaint against Portugal and several other European countries, including EU member states, Norway, Switzerland, Turkey, the UK, and Russia. The applicants alleged that these governments' inadequate climate policies violate their human rights. However, the ECHR found the case inadmissible due to the lack of grounds for "extraterritorial jurisdiction" sought by the applicants. Cases against Austria, Germany, Italy, Norway, and others: There are six other climate-related cases currently adjourned by the ECHR.

ECHR Holds Switzerland In Breach Of Human Rights Convention For Climate Inaction

Rajesh Kumar

Tags