The European Court of Human Rights (ECHR) ruled Tuesday that Switzerland violated its human rights obligations by failing to adequately address the impacts of climate change, following a complaint brought by a group of elderly women activists.
In a majority vote of 16 to one, the Grand Chamber of the ECHR found that Switzerland had breached Article 8 of the European Convention on Human Rights (Convention), which guarantees the right to respect for private and family life. The Grand Chamber also agreed unanimously Switzerland had violated Article 6, Section 1 of the Convention, which guarantees access to the court system.
The case was brought by Verein KlimaSeniorinnen Schweiz (Senior Women for Climate Protection), an advocacy group comprising upwards of 2,000 senior citizens, all of them women. They argued that Swiss authorities failed to take sufficient action to mitigate climate change despite obligations under the Convention. In an earlier statement, the group said:
With our lawsuit we’re demanding that the federal authorities correct the course of Swiss climate policy because the current climate targets and measures are not sufficient to limit global warming to a safe level.
The group has explained in the past that its exclusive composition of elderly women relates to “substantial evidence to show that we are at a significantly greater risk of dying or of becoming ill as a result of heat.”
The ECHR found that the Article 8 guarantee encompasses a right to effective protection from the adverse effects of climate change by State authorities.
In this context, a contracting State’s main duty is to adopt, and to apply in practice, regulations and measures capable of mitigating the existing and potentially irreversible, future effects of climate change. This obligation flows from the causal relationship between climate change and the enjoyment of Convention rights, and the fact that the object and purpose of the Convention, as an instrument for the protection of human rights, requires that its provisions must be interpreted and applied so as to guarantee rights that are practical and effective.
In holding against Switzerland, the court cited its failure to fulfill its duties regarding climate change mitigation, including gaps in regulatory frameworks and missed greenhouse gas emission reduction targets.
The court also found that the Swiss courts had inadequately considered the applicant association’s legal action, providing insufficient reasons for dismissal, thereby violating Article 6, Section 1 of the Convention. Between Nov. 2016 and May 2020, multiple efforts by the group to seek legal recourse within the Swiss court system were dismissed.
The ECHR ordered Switzerland to pay out 80,000 euros to the group to cover costs and expenses related to the case.
