The European Court of Human Rights made a groundbreaking ruling this morning that could increase legal pressure on governments worldwide to take more action to limit global warming. The lawsuit was brought by over 2,000 elderly Swiss women who believe Switzerland has not done enough to combat climate change, thereby violating their human rights. The women are more likely to die from extreme heat, and the organization stated they suffered greatly during Switzerland’s heatwaves. The court agreed with their stance, stating that Switzerland has not done adequate work to meet its emission reduction targets.
One of the leaders of KlimaSeniorinnen, Rosmarie Wydler-Wälti, says she’s working hard to fully understand the details of this decision. “We’ve been asking our lawyers all along, ‘Is this right?’ They told us, “This is the most you can have. This is the biggest win. The Swiss Federal Office of Justice, representing the Swiss government in court, took note of this ruling. “We will now analyze the extensive judgment with the relevant authorities and review the measures Switzerland will take in the future,” it said in a statement.
In Strasbourg, France, a case heard by a panel of 17 judges is one of the increasing number of climate litigations brought by citizens against the government, based on human rights law.
The Guardian explained that the ruling “could see all 46 member states of the European Commission lose similar cases in national courts.” “We expect this ruling to impact climate actions and litigation across Europe and beyond,” said Joie Chowdhury, a lawyer at the Centre for International Environmental Law. This case is one of three climate lawsuits the court is considering, while dismissing the other two.
Court President Siofra O’Leary’s words underscored the urgency of the situation: “It is clear that future generations are likely to bear an increasingly severe burden of the consequences of present failures and omissions to combat climate change.” The Court’s decision, binding for all 46 countries that are signatories to the European Convention on Human Rights, indicates that Switzerland, and by extension other nations, now has a legal duty to ramp up efforts in reducing emissions.
The joint director of the Climate Litigation Network, Lucy Maxwell, said that if Switzerland doesn’t update its policies, there could be further lawsuits at the national level, potentially resulting in financial penalties from the courts. Switzerland has committed to reducing its greenhouse gas emissions by 50% from 1990 levels by 2030. Bern had proposed stronger measures to achieve this goal, but voters rejected these measures in a 2021 referendum, deeming them too burdensome.
This ruling could also impact future decisions by the Strasbourg court, which has put six other climate cases on hold, awaiting the ruling on Tuesday. This includes a lawsuit against the Norwegian government, accusing them of violating human rights by issuing new permits for oil and gas exploration in the Barents Sea after 2035.
This signals an openness to change that could ripple through national policies across Europe. Ruth Delbaere, legal campaigns director at global civic movement Avaaz, remarked on the significance of the Swiss case’s outcome, “It sets a crucial legally binding precedent serving as a blueprint for how to successfully sue your own government over climate failures.”
Relevant articles:
– 46 European countries have just become legally mandated to speed up ending fossil fuel use, after the European Court of Human Rights ruled climate change heatwave deaths a breach of European’s human rights.
– Swiss women win landmark climate case at Europe top human rights court, Colorado Springs Gazette, Tue, 09 Apr 2024 04:08:39 GMT
– March Was Way Too Warm, Heatmap, Tue, 09 Apr 2024 12:34:53 GMT