A landmark ruling in Europe’s top rights court delivers a watershed moment for climate litigation

Europe’s
top
human
rights
court
on
Tuesday
ruled
in
favor
of
more
than
2,000
elderly
Swiss
women
who
argued
that
their
government’s
efforts
to
tackle
the
climate
crisis
were
insufficient
to
protect
them
from
more
frequent
and
intense
heat
waves.

The
European
Court
of
Human
Right’s
(ECHR)
decision
was
hailed
by
campaigners
as
a
ground-breaking
moment
that
could
serve
as
a
blueprint
for
other
climate
litigation
cases
argued
on
human
rights
grounds.

The
impact
of
the
decision
is
expected
to
be
felt
far
beyond
Europe’s
borders.

In
an
unappealable
ruling,
the
ECHR

found
that
the
Swiss
government
had
violated
the
human
right
to
respect
for
private
and
family
life
and
failed
to
comply
with
its
duties
under
the
convention
regarding
climate
change.

The
decision
could
compel
the
Swiss
government
to
revise
its
climate
policies,
including
upgrading
its
near-term
emissions
reductions
targets
to
align
with
the
landmark

Paris
Agreement.

“This
is
not
just
a
win
for
these
inspirational
claimants
but
a
huge
victory
for
those
everywhere
seeking
to
use
the
power
of
the
law
to
hold
their
government
accountable
for
climate
inaction,”
Vesselina
Newman,
fundamental
rights
lead
at
environmental
law
firm
ClientEarth,
said
in
a
statement.

“This
result
from
one
of
the
world’s
highest
courts
sends
a
clear
message:
governments
must
take
real
action
on
emissions
to
safeguard
the
human
rights
of
their
citizens.”

Newman
said
that
the
court
ruling
was
a
European
first
for
climate
litigation.
She
added
that
judges
across
the
continent
would
now
have
to
apply
the
new
principles
to
a
growing
number
of
climate
cases,
while
signatory
states
have
a
clear
legal
duty
to
ensure
their
climate
action
is
sufficient
to
protect
human
rights.

“Human-rights
based
climate
cases
are
before
courts
in
Brazil,
Peru,
Australia
and
South
Korea,
with
these
rulings
potentially
having
an
impact
for
those
crucial
proceedings
as
well,”
Newman
said.

“We
will
be
combing
through
this
landmark
judgment
over
the
coming
days
to
assess
the
full
legal
ramifications
of
their
victory,”
she
added.

The
Swiss
Justice
Ministry
did
not
immediately
respond
to
a
CNBC
request
for
comment.

Swiss
President
Viola
Amherd
on
Tuesday
declined
to
comment
in
detail
on
the
ruling,
Reuters
reported,
saying
she
would
first
need
to
read
the
ECHR’s
decision
and
said
climate
policy
was
a
top
priority.

The
ECHR
on
Tuesday
ruled
that
two
other
similar
climate
cases
were
inadmissible:
one
was
brought
by
six
Portuguese
youths
petitioning
against
more
than
30
European
governments
and
another
was
submitted
by
a
former
mayor
of
a
French
town.

“Today’s
historic
judgment
in
Verein
Klimaseniorinnen
Schweiz
and
Others
v.
Switzerland
–
the
first
ruling
by
an
international
human
rights
court
on
the
inadequacy
of
States’
climate
action
–
leaves
no
doubt,”
Joie
Chowdhury,
a
senior
attorney
at
the
Center
for
International
Environmental
Law
(CIEL),
said
in
a
statement.

“The
climate
crisis
is
a
human
rights
crisis,
and
States
have
human
rights
obligations
to
act
urgently
and
effectively
and
in
line
with
the
best
available
science
to
prevent
further
devastation
and
harm
to
people
and
the
environment,”
Chowdhury
said.

Johan
Rockström,
one
of
the
world’s
most
influential
Earth
scientists
and
director
of
the
Potsdam
Institute
for
Climate
Impact
Research
PIK,
said
Tuesday
that
the
ECHR
ruling
reaffirmed
why
governments
should
take
urgent
action
to
reduce
greenhouse
gas
emissions.

“After
more
than
three
years
of
legal
proceedings,
the
European
Court
of
Human
Rights
has
ruled
that
a
state
–
in
this
case
Switzerland
–
is
neglecting
to
act
properly
on
the
human
caused
climate
crisis
thereby
violating
their
citizens’
human
rights,”
Rockström
said.

“But
these
rulings
are
not
just
about
one
state:
They
mark
the
first
time
an
international
court
has
ruled
on
climate
change,
and
will
have
important
implications
for
all
politicians
and
national
leaders
in
particular,”
he
added.