Judgment made
Climate lawsuit against 32 countries dismissed – only activists from Switzerland successful
The Swiss Climate Seniors are before the European Court of Human Rights (ECHR) at the public hearing
© Jean-Christophe Bott / Keystone / DPA
Swiss climate activists win a victory at the Court of Human Rights – the decision could be groundbreaking. However, two other climate lawsuits were unsuccessful.
Climate activists have been successful with their first lawsuit for stricter measures against climate change before the European Court of Human Rights (ECHR). The judges decided on Tuesday that Switzerland’s lack of climate protection had violated the human rights of the senior citizens who were suing. The women’s right to private and family life and their right to a fair trial were affected. The ruling could set a precedent for further climate lawsuits. However, two further climate lawsuits from Portugal and France were unsuccessful before the court in Strasbourg.
The ruling itself initially only binds Switzerland, but it has a major signaling effect. Because: The ECHR, based in Strasbourg, France, is part of the Council of Europe and is responsible for compliance with the Human Rights Convention. The Council of Europe includes the EU states, but also other large countries such as Turkey and Great Britain. The ruling could now become a precedent for further climate lawsuits not only before the ECHR, but also before countless national courts.
The case of the climate seniors was the first climate lawsuit ever to be heard by the Grand Chamber of the ECtHR. The association of Swiss pensioners was initiated and supported by Greenpeace. The seniors argued that their age makes them particularly at risk from climate change, for example due to extreme heat waves. According to Greenpeace, the association has over 2,500 members throughout Switzerland with an average age of 73 years.
The decision was eagerly awaited. The ECHR has already dealt with environmental emissions – such as noise or air pollution – but never with a country’s CO2 emissions. Several hundred people traveled to the verdict, including the Swedish climate activist Greta Thunberg.
Climate lawsuits from Portugal and Switzerland dismissed
On the same day, two further judgments were made in connection with climate protection: a French ex-mayor says, France has not taken sufficient measures to prevent climate change. The young plaintiffs from Portugal accuse 32 European countries – including Germany – of exacerbating the climate crisis and thereby endangering the future of their generation. The reason for their complaints was the devastating forest fires of 2017 in their home country. If they are right, the ECHR could call on the governments of the EU member states and co-defendants Norway, Russia, Turkey, Switzerland and Great Britain to adopt and adhere to stricter climate targets.
In court
More than 2,000 climate lawsuits have been filed worldwide. Where successes have already been achieved
However, both lawsuits were dismissed. According to the judges, the French politician lacks the so-called victim status, meaning that he is particularly affected. Among other things, the young people would have first had to go through the courts in Portugal before appealing to the court in Strasbourg.
Sofia Oliveira, one of the young plaintiffs, said after the verdict that she was of course disappointed, but the victory of the climate seniors meant a victory for all of them.
This post has been updated.