Switzerland’s failure to adequately address the climate crisis has been ruled a violation of human rights by an international court in France, marking a landmark judgment with potential global implications. The ruling came in response to a case brought by more than 2,000 Swiss women, who argued that climate change-fueled heatwaves were endangering their health and quality of life.
The European Court of Human Rights (ECHR) in Strasbourg ruled that Switzerland’s government had violated the women’s human rights due to critical gaps in its national legislation to reduce emissions and a failure to meet past climate targets. The court stated that the women had the right to effective protection from the adverse effects of climate change.
This ruling sets a historic precedent and applies to all European countries, according to Gerry Liston, a lawyer at Global Legal Action Network. Liston emphasized the importance of revising climate targets to align with scientific evidence and the goal of limiting global warming to 1.5 degrees Celsius.
Experts believe that this judgment could have a ripple effect, bolstering other human rights-based climate cases pending before international courts and potentially leading to numerous similar lawsuits in the future. The ruling could also prompt Switzerland to accelerate its transition away from fossil fuels, the main driver of human-caused climate change.
Vesselina Newman from the environmental lawyers organization ClientEarth emphasized that governments must take real action on emissions to safeguard their citizens’ human rights. The importance of addressing the climate crisis through legal avenues is becoming increasingly recognized as the world remains off course in achieving the necessary emissions reductions to prevent catastrophic warming.
Although the court dismissed two other claims, including one brought by six young people in Portugal against 32 European countries, the ruling in favor of the Swiss women sets a precedent for international courts to follow. The International Court of Justice and the Inter American Court of Human Rights also have pending cases related to the human rights impacts of climate change.
Future Trends and Recommendations
Based on the implications of this ruling, several potential future trends in climate litigation and government action can be identified:
1. Increasing Number of Climate Lawsuits
This landmark ruling is expected to encourage a surge in climate-related lawsuits worldwide. Individuals and organizations may seek legal remedies to hold governments and corporations accountable for their inadequate climate action. To mitigate the potential legal risks and reputational damage associated with climate lawsuits, companies and governments should proactively adopt science-based targets and implement effective emission reduction plans.
2. Strengthening Human Rights Approach to Climate Change
The ruling by the European Court of Human Rights highlights the intersections between climate change and human rights. As concern grows over the impacts of climate change on vulnerable communities, there is an increasing recognition of the need to protect human rights in the face of environmental challenges. Future climate policies and international agreements should prioritize human rights considerations and ensure the equitable distribution of climate benefits and burdens.
3. Accelerating Transition Away from Fossil Fuels
This ruling could serve as a catalyst for governments to expedite their transition away from fossil fuels. Countries may face legal pressure to revise their climate targets and strengthen their efforts to reduce emissions. Investing in renewable energy infrastructure, incentivizing sustainable practices, and implementing stricter regulations on fossil fuel industries will be necessary steps to meet these demands and achieve long-term climate goals.
4. Shaping International Climate Policy
The judgment of the European Court of Human Rights could influence the development of international climate policy. The ruling provides a legal basis for demanding greater accountability and ambition from governments around the world. It may lead to the adoption of more stringent emissions reduction targets and facilitate global cooperation on climate action, particularly in light of the impending UN Climate Change Conference (COP26) and the ongoing negotiations for a new global climate agreement.
In Conclusion
This landmark court ruling against Switzerland for its inadequate response to the climate crisis has far-reaching implications. It sets a precedent for future climate litigation, strengthens the connection between climate change and human rights, and puts pressure on governments to accelerate their transition away from fossil fuels. The ruling may shape international climate policy and pave the way for more ambitious climate action. As the urgency of addressing climate change grows, governments and businesses must take immediate and decisive steps to prioritize the protection of human rights and the planet.
Jean-Francois Badias/AP
Swedish climate activist Greta Thunberg, second left, joins youths from Portugal during a demonstration outside the European Court of Human Rights on Tuesday in Strasbourg, France.