Win in historic climate change case for Swiss women
What is the article for today?
In News, why?
The European Court of Human Rights—what is it?
Concerning the case
ECHR's verdict and the significance of this decision
An increase in climate-related lawsuits worldwide
In News, why?
The highest human rights court in Europe recently sided with 2,000 Swiss women. These women had filed a lawsuit against their government, claiming that it had violated their human rights by not doing more to mitigate the negative impacts of climate change.
The European Court of Human Rights' (ECHR) historic decision may alter how courts in Europe and beyond handle situations in which parties claim that their rights are violated by climate change.
This is noteworthy because the Supreme Court of India's ruling to broaden the application of Articles 14 (right to equality) and 21 (protection of life and personal liberty) was rendered only a few days prior. People have a right to be free from the negative effects of climate change, according to SC.
The European Court of Human Rights—what is it?
The European Convention on Human Rights is interpreted by the European Court of Human Rights, an international court.
Its headquarters are in Strasbourg, France, and it was founded in 1959.
It is composed of judges who are equivalent to the number of Council of Europe member states (now 46) that have ratified the Convention for the Protection of Human Rights and Fundamental Freedoms.
Uses
Applications alleging violations of the European Convention on Human Rights from individuals, groups of individuals, or other contracting nations are adjudicated by the ECHR.
The primary focus of the Convention is on civil and political rights.
Both rulings and advisory opinions may be rendered by the court.
About the case
In November 2016, KlimaSeniorinnen Schweiz (the Association of Senior Women for Climate Protection Switzerland) filed a lawsuit against the country of Switzerland.
These are a group of female climate activists that are all older than 64.
The women argued that their right to life and other protections under the European Convention on Human Rights are violated by the Swiss government's insufficient climate policy.
The convention is a global pact to safeguard political liberties and human rights throughout Europe.
They based part of their argument on their medical susceptibility to the high heat brought on by climate change as senior persons.
The Intergovernmental Panel on Climate Change (IPCC), an organization of the United Nations that evaluates the science pertaining to climate change, was mentioned by them in their publications.
The European Convention on Human Rights' Article 8 was highlighted in the ruling rendered by the ECHR.
According to the European Court of Human Rights, Article 8 of the treaty guarantees people the right of adequate protection from the state against the grave consequences of climate change on their life, health, and well-being.
The Swiss government's failure
The Swiss government broke the law by failing to pass sufficient legislation to address the effects of climate change.
It also fell short of targets for greenhouse gas (GHG) emissions.
Therefore, it is evident that the repercussions of current inaction and failure to address climate change would certainly fall disproportionately on future generations.
Importance of this decision
Swiss Government's Obligations
The ECHR cannot direct authorities on the specific measures to be implemented, but the Swiss government is now required to amend its climate change policy.
Decisions are enforceable in member nations
The ruling of the ECHR is enforceable in 46 member states, which includes every nation in the European Union (EU), the United Kingdom (UK), and numerous other non-EU nations.
This implies that the ruling of the ECHR will now be taken into account in any climate and human rights matter that is presented to a judge in one of Europe's national courts.
gives communities and residents more authority
Additionally, the ruling inspires people and groups to bring comparable legal actions in nations that have ratified the European Convention on Human Rights.
An increase in climate-related lawsuits worldwide
Climate litigation, a type of legal action intended to hold nations and businesses responsible for their past contributions to climate change and current climate mitigation measures, has increased recently.
A research states that as of December 2022, 2,180 cases pertaining to climate change have been brought in 65 countries.
Indigenous Peoples, women's organizations, local communities, children and youth, and other groups are playing a significant role in filing these claims.