Climate change ruling by the European Court of Human Rights

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Context:

• Europe’s highest human rights court sided with a group of 2,000 Swiss women — all over the age of 64 — who had sued their government for violating their human rights by failing to do enough to combat the adverse effects of climate change.

Background of the Case:

• 2,000 Swiss women over 64 years old sued the Swiss government in 2016 for inadequate climate policies.
• They argued that climate change poses a threat to their right to life and health, particularly due to their vulnerability to heat-related illnesses.
• The verdict is part of a broader trend of increasing climate litigation worldwide.

Court's Verdict:

• The European Court of Human Rights (ECHR) ruled in favor of the women, stating that Article 8 of the European Convention on Human Rights encompasses the right to protection from serious adverse effects of climate change.
• The court found Switzerland in violation of the convention for failing to enact sufficient laws and meet greenhouse gas emission goals.

Significance of the Ruling:

• The ruling obliges the Swiss government to update its climate policies.
• While the court cannot dictate specific policies, it emphasises the need for consistency with climate science.
• The ruling has implications beyond Switzerland, as it applies to 46 member states, potentially encouraging similar cases in other countries.
• The verdict highlights the role of various groups, including children, women, indigenous peoples, and local communities, in holding governments and companies accountable for climate-related damages.
• The ruling reinforces the idea that ambitious climate action is a requirement under human rights law.

Global Trends in Climate Litigation:

• There has been a rise in climate-related cases globally, with 2,180 cases filed in 65 jurisdictions as of December 2022.
• In Montana, USA, young plaintiffs won a case against their state government for neglecting climate change while approving fossil fuel projects.
• Similar cases have been filed in India, demonstrating a global push for greater action on climate change through legal means.

Source

https://indianexpress.com/article/explained/explained-climate/swiss-women-climate-change-case-9266398/