First Climate Lawsuit in European Court of Human Rights
In a significant move, a group of Swiss senior women has taken the government to the European Court of Human Rights over its inaction on the climate crisis. This is the first climate lawsuit to be heard by the European Court of Human Rights, and it has already garnered attention from around the world. The group, which calls itself the Swiss Senior Women for Climate Protection, along with another group of four women aged 80-90, are claiming that their human rights are being violated due to climate change.
Health and Life Quality at Risk Due to Harsher Heatwaves
The women claim that their health and quality of life are suffering due to harsher and more frequent heatwaves caused by global warming. They argue that their human rights, specifically Article 2 (the right to life) and Article 8 (the right to respect for private and family life), are being violated. The lawsuit was initially filed against the Swiss government and several other Swiss authorities in 2016 for failing to comply with the Paris Climate Agreement goals. Switzerland has set a target to cut planet-heating emissions by at least 50% by 2030 compared to 1990 levels and become net-zero by 2050.
Rejecting Specific Measures for Goals
However, Switzerland’s voters recently rejected a plan to introduce specific measures to reach these goals in a 2021 referendum. Meanwhile, Climate Action Tracker group claims that Swiss goals are not consistent with the country’s obligations under the Paris Agreement.
Impact on Future Climate Change Cases
The ruling on this case could set the course for future case law and pave the way for numerous similar lawsuits to be filed in the future. Climate lawsuits are becoming an increasingly popular and powerful tool for climate change activists worldwide. The case is likely to affect climate litigation across Europe, and courts in the Netherlands, Belgium, the Czech Republic, and elsewhere have previously ruled that governments must implement mitigation measures.
Swiss Government Reaction
Although Swiss courts have repeatedly dismissed the Swiss Senior Women for Climate case, the women later launched it with the European Court of Human Rights in 2020. The Swiss government has called for the European Court of Human Rights to dismiss the case on grounds that it is “manifestly ill-founded.” However, this case is one of three lawsuits currently pending at the European Court of Human Rights.
French Former Mayor Seeks Climate Action
A panel of 17 judges at the European court of human rights also recently heard petitions from a group of Swiss women and a French former mayor seeking to bolster climate action in their countries. The KlimaSeniorinnen Schweiz group of Swiss women over the age of 64 argued that they were particularly vulnerable to the climate crisis because heatwaves put their health at risk. They want the court to order Switzerland to set tougher emission reductions targets. Another British barrister representing the women argued that Switzerland’s progress in meeting its existing climate targets was “woefully inadequate.”
French Government Called to Account
Meanwhile, Damien Carême, a former mayor of the northern municipality of Grande-Synthe and a Green MEP, brought a lawsuit against the government of France, claiming that his home was at serious risk of flooding and could be completely submerged by 2030 due to climate change. The French government called on the court to strike out Carême’s case and argued that he should not be considered a victim under the law. However, if either Carême or the Swiss women win their cases, it could order their governments to do more.
Verdict Expected Later This Year
The Grand Chamber is hearing the first-ever climate change case at the Strasbourg court. The women’s lawyers are seeking an ambitious ruling that could force Bern to cut carbon dioxide emissions much faster than planned. The case has been joined by eight other governments, and one of them, Ireland, has argued that it is asking the court to bypass the democratic process. A verdict is due later this year.
Image Source: Wikimedia Commons
