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European Court Rules Climate Inaction Violates Human Rights: Historic Victory for Swiss Elderly Women

The European Court of Human Rights ruled in favor of a group of older Swiss women who argued that Switzerland's inadequate efforts to reduce emissions violated their human rights, as they are particularly vulnerable to the effects of heatwaves linked to climate change.

10 April 2024 · 17:59 UTC

This is the first time the court has ruled on global warming.

Greta Thunberg, a Swedish climate activist, celebrated the victory, calling it the beginning of climate litigation.

A Swiss court ruled that Switzerland had violated its duties under the climate change convention and failed to adequately address climate change, specifically in regards to reducing greenhouse gas emissions.

The court found critical gaps in the country's policies and noted the potential health risks for citizens, particularly during heatwaves.

This binding ruling could influence climate change laws in 46 European countries, including the UK.

The KlimaSeniorinnen, or Senior Women for Climate Protection, brought the case forward due to the health impacts they have experienced during heatwaves.

Last month broke temperature records to become the world's warmest March on record, making it the tenth consecutive month with broken records.

The KlimaSeniorinnen group, consisting of over 2,000 women, filed a case nine years ago seeking better protection for women's health in relation to climate change.

Swiss President Viola Amherd expressed her commitment to sustainability, biodiversity, and net zero targets but has not yet commented on the case.

The court dismissed two other cases brought by Portuguese young people and a former French mayor, who argued that European governments had not acted quickly enough on climate change, violating their rights.

KlimaSeniorinnen member Elisabeth Stern, 76, shared her personal experience of observing climate change in Switzerland since her childhood.

A group of Portuguese youth had hoped to win a case against their government and 32 other European governments for the impact of climate change on their ability to play outside and attend school.

However, the case was not decided in their favor as the court required it to be decided in Portugal first.

A 19-year-old Portuguese activist, Sofia Oliveira, expressed disappointment but also saw the recent win of Swiss activists as a victory for their cause.

The activists believe that they are working for future generations rather than for their own benefit.

One activist, who is committed to the case, stated that they are not made to sit and knit but to take action against climate change.

A French mayor claimed that inaction by the French government could lead to his town being flooded in the North Sea, but his case was dismissed by the European Court of Human Rights (ECHR) due to him no longer residing in France.

The ECHR's decisions impact laws in its 46 member states.

Estelle Dehon KC, a UK barrister, noted that the judgement addresses complex issues regarding climate change legal obligations, which also challenge the UK courts.

The ruling dismisses the argument that courts cannot rule on climate obligations due to climate change being a global issue or individual actions having minimal impact.

Despite international commitments to reduce greenhouse gas emissions, scientists and activists warn that progress is insufficient to meet the goal of limiting global temperature rise to 1.5 degrees Celsius.

The Swiss People's Party, the largest right-wing party in Switzerland, criticized a recent court ruling as a scandal and threatened to leave the Council of Europe.

However, their influence is limited as they only hold two seats in the seven-member government.

The Socialist Party, on the other hand, welcomed the court decision and urged the government to implement it promptly.