European Court of Human Rights Sets Precedent: Climate Change Litigation Gains Momentum

In the wake of the recent ruling by the European Court of Human Rights (ECHR) in favor of a group of Swiss women, the landscape of climate change litigation has shifted dramatically. The case, brought forth by KlimaSeniorinnen Schweiz (Association of Senior Women for Climate Protection Switzerland), underscores the profound implications of climate change on human rights and the urgent need for government action.

The Swiss Women Climate Change Case

The petitioners, all senior women above the age of 64, argued that the Swiss government's inadequate climate policies violate their fundamental rights under the European Convention on Human Rights. They emphasized their medical vulnerability to extreme heat caused by climate change, citing reports by the Intergovernmental Panel on Climate Change (IPCC) which highlight the heightened risk of heat-related medical problems for elderly populations.

Court’s Verdict and Its Significance

The ECHR's ruling affirmed that individuals have the right to effective protection from the serious adverse effects of climate change on their lives, health, well-being, and quality of life, as enshrined in Article 8 of the European Convention on Human Rights. The court found the Swiss government's climate policies lacking, noting its failure to meet greenhouse gas emission goals and enact adequate laws to combat climate change impacts.

Implications for Climate Change Litigation

With jurisdiction over 46 member states, including European Union countries and others, the ECHR's verdict sets a precedent for climate and human rights cases across Europe. This landmark decision is expected to catalyze similar filings in member countries and contribute to the global rise in climate litigation. According to the Global Climate Litigation Report: 2023 Status Review, the number of climate-related cases has been steadily increasing, indicating a growing trend towards holding governments and corporations accountable for their contributions to climate change.

Aligning Policies with Climate Science

The ruling underscores the imperative to align policies with climate science and prioritize the protection of human rights in climate action efforts. As governments face mounting pressure to implement robust climate policies, the ECHR's judgment serves as a clarion call for swift and decisive action to mitigate the impacts of climate change and safeguard the well-being of current and future generations.

In conclusion, the ECHR's ruling in the Swiss Women Climate Change Case marks a significant milestone in the intersection of climate change and human rights, paving the way for greater accountability and urgency in addressing the climate crisis through legal avenues.