August 21, 2024 – Amnesty International has today published a briefing that analyzes three landmark climate judgments of the European Court of Human Rights (ECtHR), issued on 9 April 2024, on cases brought by older Swiss women, six young Portuguese people, and a former French mayor and member of the European Parliament.
Climate inaction, ruled out!, provides an overview of the new climate jurisprudence developed by the ECtHR. The briefingfocuses in particular on Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the first substantive ruling of the Court to outline states’ duty to safeguard human rights, as guaranteed in the European Convention on Human Rights, in the context of the climate crisis worsening at a rapid pace.
“Strategic litigation is a powerful tool for holding states to account for their failures to mitigate the climate crisis and to better protect the rights of billions of people, starting with the most marginalized,” said Mandi Mudarikwa, Amnesty International’s Head of Strategic Litigation.
In this case, older Swiss women complained of health conditions exacerbated during heatwaves. The Court found that Switzerland’s inadequate policies to reduce greenhouse gas emissions (including the absence of a carbon budget) violated their right to private and family life which encompasses a right to effective protection from the serious adverse effects of climate change on people’s lives, health, well-being and quality of life. According to the ruling, Switzerland failed to consider the best available science to limit global heating to 1.5° Celsius above industrial levels – a requirement set under international law – and did not effectively devise and enact mitigation measures that would protect claimants from harm.
However, on 12 June 2024, the Swiss parliament voted to partially disregard the ruling. The Swiss government is expected to present its action plan on the ruling in the coming weeks.
“The vote in the Swiss parliament was very disappointing. Decisions of the European Court of Human Rights are legally binding and failure to comply carries consequences. The Swiss government now has the opportunity to comply with the decision of the Court. Continuing down the path set by the parliament will be a disaster for the rule of law in Switzerland and in Europe,” said Mandi Mudarikwa.
Background
The three climate rulings of 9 April add to an increasing body of international jurisprudence on states’ obligations to respect, protect and fulfil human rights eroded by the climate crisis.
Amnesty International is publishing this briefing to aid civil society organizations, activists, journalists, and supporters who want to learn more about climate justice at the ECtHR, particularly in light of the latest political developments to reject the ruling in Switzerland.
Source : amnesty
