The European Court of Human Rights Ruling for Swiss Women on Climate Change
Insight into the Verdict
WEAK CLIMATE POLICIES CAN VIOLATE HUMAN RIGHTS
For the first time, a regional human rights court has determined that countries may breach human rights by not swiftly reducing their climate-warming emissions. The Court extended the interpretation of the right to private and family life in the European Convention on Human Rights to include protection from the adverse impacts of climate change on health, well-being, and quality of life.
IMPACT ON EUROPEAN CLIMATE CASE LAW
While the ruling against Switzerland is significant, it carries implications for all 46 European Convention on Human Rights signatories. Judges in European national courts must now consider this precedent in any climate-related human rights cases brought before them.
GLOBAL RAMIFICATIONS OF THE CASE
Although not legally binding outside Europe, this ruling is likely to influence future climate litigation decisions worldwide. International tribunals are also deliberating on states’ obligations regarding climate change, suggesting a broader impact beyond Europe.
RISE OF CLIMATE LITIGATION
The ruling could trigger a surge in citizens taking legal action against governments on human rights grounds due to climate change. The number of global climate-related court cases has already increased significantly in recent years, reflecting a growing trend in holding authorities accountable.
UNPREDICTABILITY OF CLIMATE LAWSUITS
While the Swiss women succeeded, not all climate lawsuits on human rights grounds end in victory. The European Court dismissed two cases due to procedural issues, illustrating the unpredictable nature of such cases influenced by jurisdictional factors and claimants’ ability to prove specific harms from climate change effects.
