Landmark Decision in Europe's Premier Rights Court Marks a Milestone for Climate Litigation

Europe's leading rights court has made a landmark decision that significantly advances climate litigation. This milestone ruling supports the growing movement to hold governments and corporations accountable for their contributions to climate change, setting a legal precedent for future environmental cases.

KEY POINTS

• The European Court of Human Right’s (ECHR) decision was hailed by campaigners as a groundbreaking moment.
• The influence of the decision is expected to be felt far beyond Europe’s borders.
• The ECHR ruled on Tuesday that two other similar climate cases were inadmissible, however.

Members of Swiss association Senior Women for Climate Protection react after the announcement of decisions after a hearing of the European Court of Human Rights (ECHR) to decide in three separate cases if states are doing enough in the face of global warming in rulings that could force them to do more, in Strasbourg, eastern France, on April 9, 2024.

The European Court of Human Rights (ECHR) delivered a landmark ruling on Tuesday, siding with over 2,000 elderly Swiss women who contended that their government's actions to address the climate crisis were inadequate in safeguarding them from increasingly frequent and severe heatwaves.

Campaigners welcomed the ECHR's decision as a pivotal moment that could set a precedent for other climate litigation cases based on human rights considerations. The significance of this ruling is anticipated to extend well beyond Europe's borders, potentially influencing climate-related legal actions worldwide.

In an irreversible ruling, the European Court of Human Rights (ECHR) concluded that the Swiss government had violated the human right to respect for private and family life and failed to fulfill its obligations under the convention in relation to climate change.

The decision has the potential to compel the Swiss government to reassess its climate policies, potentially necessitating revisions such as enhancing its short-term emissions reduction targets to align with the objectives outlined in the landmark Paris Agreement.

"This is not just a victory for these remarkable claimants but a significant triumph for individuals worldwide who seek to leverage legal means to hold their governments accountable for inaction on climate change," remarked Vesselina Newman, fundamental rights lead at environmental law firm ClientEarth, in a statement.

"This outcome from one of the world's highest courts sends a clear message: governments must take concrete steps to reduce emissions in order to protect the human rights of their citizens."

Climate activists Catarina dos Santos Mota (L), Greta Thunberg (2ndL), and Martim Agostinho (2ndR) display placards during a demonstration ahead of the European Court of Human Rights (ECHR) rulings on whether states are taking sufficient action against global warming, potentially compelling them to intensify efforts. The rally took place in Strasbourg, eastern France, on April 9, 2024. Frederick Florin | Afp | Getty Images

Newman highlighted that the court ruling marked a significant milestone in European climate litigation, representing a first of its kind. She emphasized that judges across the continent would now be required to apply these new principles to an increasing number of climate-related cases. Additionally, signatory states are now legally obligated to ensure that their climate actions are adequate to safeguard human rights.

"Human-rights based climate cases are currently being heard in courts in Brazil, Peru, Australia, and South Korea, and these rulings could potentially impact those crucial proceedings as well," Newman noted.

"We will be carefully examining this landmark judgment in the coming days to assess the full legal implications of their victory," she added.

At the time of the report, the Swiss Justice Ministry had not responded to CNBC's request for comment.

According to Reuters, Swiss President Viola Amherd refrained from providing detailed comments on the ruling, stating that she would need to review the European Court of Human Rights' decision first. Amherd emphasized that climate policy remains a top priority for Switzerland.

In a separate development, the ECHR ruled on Tuesday that two other climate-related cases were deemed inadmissible. One case involved six Portuguese youths petitioning against over 30 European governments, while the other was brought by a former mayor of a French town.

‘A historic judgment’

"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," remarked Joie Chowdhury, a senior attorney at the Center for International Environmental Law (CIEL), in a statement.

"The climate crisis is undeniably a human rights crisis, and States bear human rights obligations to take urgent and effective action, in accordance with the best available science, to prevent further devastation and harm to people and the environment," Chowdhury emphasized.

Johan Rockström, esteemed Earth scientist and director of the Potsdam Institute for Climate Impact Research (PIK), expressed on Tuesday that the ECHR ruling underscores the urgent need for governments to take decisive action to mitigate greenhouse gas emissions.

"After over three years of legal proceedings, the European Court of Human Rights has determined that a state—Switzerland in this instance—is failing to adequately address the human-induced climate crisis, thereby infringing upon the human rights of its citizens," Rockström stated.

"However, these rulings extend beyond the confines of one state: They represent a milestone as the first time an international court has adjudicated on climate change, with significant implications for politicians and national leaders worldwide," he concluded.

Source: cnbc‍