Historic Ruling Issued By European Human Rights Court In Climate Case

Switzerland's insufficient climate mitigation measures violate European Convention on Human Rights, court finds.

A regional human rights court in Europe ruled today for the first time in its 65-year history that the climate crisis is a serious threat to human rights, finding that the Swiss government’s insufficient measures to address climate change constitute violations of the European Convention on Human Rights. The historic verdict is a win for citizens seeking to hold their governments accountable through the courts for inadequate climate action, and it could have ripple effects across Europe and beyond in influencing other rights-based climate cases, experts say.

The European Court of Human Rights delivered the verdict in a public hearing on Tuesday, April 9. The Court also issued decisions in two other climate cases during that session - including cases brought by six Portuguese youths against 32 European countries and by a former mayor of a French coastal village – deciding against these applicants on procedural grounds.

The ruling in the case against Switzerland, brought by a group of older Swiss women (ages 64+) who are particularly vulnerable to adverse health impacts from extreme heat events, established that protection from climate-related harms is a legal obligation of European states under Article 8 of the European Convention of Human Rights. The Court found that Article 8 (right to private and family life) includes protection from “serious adverse effects of climate change on lives, health, well-being and quality of life,” and that Switzerland’s current climate policies fall short of ensuring this protection for its citizenry. Additionally, the Court ruled that the Swiss senior women were not granted their right to a fair trial in Switzerland’s domestic courts, which had tossed out the case without considering the arguments on their merits. That denial of a fair hearing violates Article 6 (Section 1) of the Convention, the Court found.

Initially filed in 2016 by an association called Swiss Senior Women for Climate Protection, the case Verein KlimaSeniorinnen Schweiz and Others v. Switzerland applied to the European Court of Human Rights in Strasbourg, France for consideration in 2020 following exhaustion of domestic remedies with a rejection that year by the Swiss Supreme Court. The human rights court fast-tracked the case, with a hearing before the Grand Chamber held on March 29, 2023.

A “Win for All Generations”

Now, a year later, the Swiss senior women and their lawyers as well as supporters are celebrating the landmark judgment.

“I am absolutely overwhelmed and extremely proud that after nine years of intensive work, the senior women have finally got their due. This is an indescribable moment,” Cordelia Bähr, lead lawyer for the Swiss Senior Women for Climate Protection, said in a statement. The decision, she added, “will be of great importance for further climate lawsuits against states and companies worldwide and increase their chances of success.”

Rosmarie Wydler-Wälti, co-president of Swiss Senior Women for Climate Protection, called the ruling a “victory for all generations.” She said the generation represented by the Portuguese youth applicants in the climate case Duarte Agostinho and Others v. Portugal and 32 Others will especially benefit from a “long-term improved climate.” The human rights court ultimately found the Agostinho case to be “inadmissible” since it asked the court to rule on the conduct of multiple European states, thereby raising concerns over what’s called extraterritorial jurisdiction.

One attorney representing the Portuguese youth, however, said that the Court’s ruling in the senior women’s case against Switzerland in effect achieves what his young clients were seeking. “Today’s ruling against Switzerland sets a historic precedent that applies to all European countries,” Gerry Liston, senior lawyer with the Global Legal Action Network, said in a statement posted via X (formerly known as Twitter). “It means that all European countries must urgently revise their targets so that they are science-based and aligned to 1.5 degrees. This is a massive win for all generations.”

A Swiss government representative for the Federal Office of Justice said the government has “taken note” of the ruling. “The judgment is final. Together with the authorities concerned, the FOJ will now analyze the comprehensive ruling and examine what measures Switzerland needs to take in the future,” Ingrid Ryser of the Federal Office of Justice said in an emailed statement.

“Climate Action is a Legal Duty”

The landmark verdict could have far-reaching implications beyond Switzerland, as litigants brining other climate accountability cases against governments now have an authoritative decision to point to from an international court finding that the climate crisis, and insufficient government action to address it, threatens human rights.

“Today’s ruling from the European Court of Human Rights will give a huge boost to communities around the world who are demanding greater climate action from their governments. The Court has affirmed that climate action is a legal duty, and that our governments must adopt much stronger efforts to combat climate change in order to protect all of our human rights,” said Lucy Maxwell, co-director of the Climate Litigation Network.

“We expect this ruling to influence climate action and climate litigation across Europe and far beyond,” Joie Chowdhury, senior attorney with the Center for International Environmental Law, said in a statement. “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: 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.”