Historic Verdict Could Link Climate Crisis And Human Rights

(MENAFN- Swissinfo) In a much-anticipated ruling, the European Court of Human Rights in Strasbourg will decide on Tuesday whether Swiss authorities are responsible for not implementing efficient climate change policies and violating the right to life of a group of elderly women in Switzerland. The verdict could set a precedent and have worldwide repercussions.

This content was published on April 8, 2024 - 16:37 4 minutes

A journalist from Ticino resident in Bern, I write on scientific and social issues with reports, articles, interviews and analysis. I am interested in environmental, climate change and energy issues, as well as migration, development aid and human rights in general.

• More from this author
• Italian Department

• Français fr Verdict historique sur le lien entre crise climatique et droits de l'homme Read more: Verdict historique sur le lien entre crise climatique et droits de l'homme
• Italiano it Un verdetto storico sul legame tra crisi climatica e diritti umani Original Read more: Un verdetto storico sul legame tra crisi climatica e diritti umani

The 100 or so members of the Swiss association“Senior Women for Climate ProtectionExternal link”, which filed the suit against the Swiss government, have all travelled to Strasbourg for the ruling. It comes eight years after they called on the Swiss federal government to adopt more ambitious emissions reduction targets, and a series of defeats in the Swiss courts.

On Tuesday, the Grand Chamber of the European Court of Human Rights (ECHR) will deliver its verdict on the lawsuit launched by the Swiss association and four plaintiffs. This is the first time in its history that the ECHR has to rule on the impacts of climate change on citizens' fundamental rights.

More More Newsletters

Sign up for our free newsletters and get the top stories delivered to your inbox.

Read more: Newsletters

At the same hearing, the court will also rule on two other climate-related cases. One of them accuses Switzerland along with 31 other nations of not doing enough to limit global warming to 1.5°C compared with preindustrial levels, as inked in the binding Paris Agreements signed in 2015.

“Since I know the date [of the ruling], I'm having a little more trouble sleeping,” Rosmarie Wydler-Wälti, co-chair of the association, said in recent days.“If we win, we all win.”

Climate policy and the European Convention on Human Rights

The elderly women are accusing Swiss authorities of pursuing a climate policy with insufficient goals and measures. They say this violates the right to life of women of old age. The association argues that if all countries followed Swiss policy, then global warming could reach 3°C by 2100.

However, the request to adopt more ambitious targets in reducing emissions was rejected first by the Federal Administrative Court in Switzerland and then by the Federal Supreme Court, the country's highest ruling body.

In 2020, the association, supported by Greenpeace Switzerland, decided to turn to the ECHR, which decided to accept the case. To back their cause, the elderly women denounced that Switzerland was violating several rights enshrined in the European Convention on Human Rights, including the right to life (Article 2) and the right to respect for private and family life (Article 8).

More More Is the climate crisis a threat to human rights?

This content was published on Dec 4, 2020 The prosecution of the Swiss government at the European Court of Human Rights by a climate association could set a European precedent.

Read more: Is the climate crisis a threat to human rights?

In support of its argument, the association presented scientific evidence showing that elderly people are more vulnerable to the effects of the climate crisis and heat waves in particular. According to some studiesExternal link , women are more affected than men.

An important signal to all Council of Europe countries

If the ECHR were to find a violation of Articles 2 and 8 of the convention, Switzerland's obligation to protect the elderly women would be established. Strasbourg could call on the Swiss government to formulate more concrete climate goals or draft legislation to that effect.

Furthermore, a positive decision would have repercussions for numerous other countries as well. The ECHR verdict would set a precedent, and national courts in all Council of Europe member states would be called upon to apply that jurisprudence when ruling on similar cases.

“The ECHR verdict will send an important signal worldwide,” says Raphaël Mahaim, a lawyer accompanying the case and a Green Party member of the Swiss parliament.

Climate change's risk to human rights

Even if the court does not find a violation of the rights to life and health, the“Senior Women for Climate Protection's” lawsuit could still be important in other respects, says Corina Heri , a researcher at the University of Zurich Law Institute.

For example, the lawsuit also alleges violations of procedural human rights, claiming that the Swiss legal system has not guaranteed the plaintiffs sufficient access to justice (Article 6 of the Convention) or the possibility of an effective appeal (Article 13).

“Engaging with these arguments could strengthen the role of domestic courts in future climate litigation cases both in and outside Switzerland,” according to Heri.

Regardless of their outcome, the jurist says, the Swiss association's case and the related cases draw attention to the very real risk to human rights posed by climate change.

Edited by Virginie Mangin

More More Climate litigation comes to Switzerland

This content was published on Dec 21, 2022 For the first time, a climate litigation case has opened in Switzerland. It could pave the way for more loss-and-damage legal cases.

Read more: Climate litigation comes to Switzerland Articles in this story

• Newsletters
• Is the climate crisis a threat to human rights?
• Climate litigation comes to Switzerland

In compliance with the JTI standards

More: SWI swissinfo certified by the Journalism Trust Initiative

You can find an overview of ongoing debates with our journalists here . Please join us!

If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at ... .

Read more More 'The only way to save glaciers is to stop global warming'

This content was published on Dec 29, 2022 Balzan Prize winner Johannes Oerlemans talks about the most important discoveries of his career and his attempt to preserve a glacier in Switzerland.

Read more: 'The only way to save glaciers is to stop global warming' More Why a larger world population won't necessarily mean more emissions

This content was published on Jan 12, 2023 Several countries, including Switzerland, prove that it is possible to grow, even economically, without generating more CO2.

Read more: Why a larger world population won't necessarily mean more emissions More Switzerland's 'disappointing' contribution to an emissions-free planet

This content was published on Oct 29, 2021 If all countries had a climate policy like Switzerland's, global temperatures could rise by 4°C by the end of the century.

Read more: Switzerland's 'disappointing' contribution to an emissions-free planet

MENAFN08042024000210011054ID1108072348