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Europe’s top human rights court ruled on Tuesday that countries should better protect their citizens from the effects of climate change, in a landmark ruling that could have implications across the continent. supported a group of elderly Swiss women.
The European Court of Human Rights has dismissed two other similar cases on procedural grounds. One was a high-profile case brought by a young Portuguese man, and the other was brought by a French mayor who was trying to force the government to cut greenhouse gas emissions.
However, the Swiss case nevertheless set a legal precedent that will be used in future cases in the 46 member states of the Council of Europe.
“This is a turning point,” said Corinna Herri, a climate change litigation expert at the University of Zurich.
Activists have won domestic lawsuits, but this is the first time an international court has ruled on climate change, and the first to confirm that countries have an obligation to protect people from the effects of climate change. said Heli.
He said it would open the door to further legal challenges in the Council of Europe, which includes the EU27 and many other countries from Britain to Turkey.
The Swiss ruling softened the blow for those who lost their cases on Tuesday.
One of the Portuguese plaintiffs, Sofia Oliveira, 19, said: “Most importantly, the court said in the Swiss woman’s case that the government must further reduce emissions to protect human rights. ” he said. She said, “A win for them is a win for us and a win for everyone!”
The court, which is independent of the European Union, ruled that Switzerland had “failed in its obligations” to combat climate change and meet emissions targets.
The court said this was a violation of women’s rights, and the European Convention on Human Rights guarantees people “to be effectively protected by national authorities from the serious adverse effects of climate change on life, health, welfare and quality”. He pointed out that he was doing it. of life. “
The Senior Women’s Climate Action Group, with an average age of 74, argued that older women were particularly affected because they were the most vulnerable to frequent heatwaves.
Commissioner Ann Marler said, “The court recognized our fundamental right to a healthy climate and our fundamental right to force states to do what they have not been able to do before: protect our health. and take ambitious steps to protect and protect the future of everyone.” of the group.
Switzerland said it would review the decision and consider what measures might be needed. “We must implement and enforce the judgment in good faith,” Alain Chabre, who represented the state at last year’s hearing, told The Associated Press.
The court’s president, Justice Siofra O’Leary, stressed that it was up to governments to decide how to tackle their climate obligations, which experts said was a limitation of the ruling.
“The European Court of Human Rights stopped short of ordering the Swiss government to take concrete measures, stating that any redress by the Swiss government would be subject to “democratic decision-making” that would enact the necessary legislation to impose such a remedy. ”, Richard said. Lazarus is a professor at Harvard Law School, specializing in environmental and natural resource law.
Activists say many governments do not understand the severity of climate change and are calling for more efforts to ensure global warming is limited to 1.5 degrees Celsius (2.7 degrees Fahrenheit) above pre-industrial levels. I have increasing expectations for the court. In line with the goals of the Paris Climate Agreement.
A Montana judge ruled last year that state agencies violated the state’s constitutional right to a clean environment by allowing fossil fuel development. The case was the first of its kind in the United States and joined several similar legal decisions around the world. .
The European Union, which does not include Switzerland, currently aims to become climate neutral by 2050 as part of its efforts to meet its climate change goals. Despite these efforts, Earth broke the global annual heat record in 2023. European climate change agency Copernicus announced agreed warming thresholds in January.
Prominent environmental activist Greta Thunberg was in the courtroom when the verdict was announced. “These judgments are a call to action. They highlight the importance of taking governments to court,” the 21-year-old Swede told The Associated Press.
“The first judgment by the International Court of Human Rights on the inadequacy of countries’ climate change policies leaves no room for doubt. The climate crisis is a human rights crisis,” said Joye Chowdhury, chief counsel at the International Environmental Law Center. said.
Cassart reported from Brussels.
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