“Switzerland has not done enough to mitigate the effects of climate change”: landmark ruling of the European Court of Human Rights

This ruling is destined to make history and jurisprudence: for the first time, the European Court of Human Rights has linked the protection of human rights with compliance with climate obligations. In this case, Switzerland was convicted after an association for elderly women sued and partially won the appeal. there […]

there to rule Destined to make history and Law: For the first time, the European Court of Human Rights has linked the protection of human rights with compliance with climate obligations. In this case, Swiss After an association of elderly women sued and partially won the appeal. there European Court of Human RightsHe made an exception to the ruling for violating Article 2 and convicted him Swiss state For violating Article 8 of the European Convention for the Protection of Human Rights, i.e. the right to respect for private and family life, because it did not take sufficient measures to mitigate the effects of climate change. The European Court of Human Rights has always done this Announce However, the climate appeal brought by the Portuguese youth against their state and 31 others was inadmissible and at the same time reached the same result in the case of a former French mayor, even if it was in favor of the reasons Different.

The three cases – The “Swiss” ruling of the European Court of Human Rights relates to the caseViren Klimasseneurinen Schwyz et al v. Switzerland“, a procedure initiated following an appeal brought by the Swiss Association of Senior Women for Climate Protection in Switzerland and other individual claimants, with the support of Green area Swiss“. “the It is repeated – We read – They ask the court to oblige Switzerland to intervene to protect their human rights, and to adopt the necessary legislative and administrative measures to help avoid an increase in the average global temperature of more than 1.5 degrees Celsius, by implementing concrete goals to reduce this phenomenon. of greenhouse gas emissions.” InsteadDuarte Agostino et al. vs. Portugal and 32 other countriesIt is a lawsuit filed by a group of Portuguese youth against 32 countries, accused of not doing enough to reduce emissions. 'Carem vs. FranceHowever, the protagonist is the former mayor of a trans-Alpine country Grand SynthWho argues that France has not taken sufficient measures to limit global warming. The lawyers in all three cases hoped that Strasbourg Court She stressed that national governments have a legal duty to ensure that global warming is contained to within 1.5 degrees above pre-industrial levels, in line with Objectives From the Paris Climate Agreement. And in one case they were right. This is enough to enter date.