Elderly Swiss woman wins landmark climate case at Europe’s top court

The case was brought by more than 2,000 women

Strasbourg:

The European Court of Human Rights (ECtHR) ruled on Tuesday in favor of a group of elderly Swiss women who argued that insufficient government efforts to combat climate change put them at risk of death during a heat wave.

The European Court of Justice’s ruling in the case brought by more than 2,000 women could have ripple effects across Europe and beyond, setting a precedent for how some courts handle a rising wave of climate lawsuits arguing that they violate human rights.

Court President Theofra O’Leary said the Swiss government had violated human rights to private and family life by failing to develop adequate domestic policies to combat climate change.

“This includes a failure to quantify national greenhouse gas emission limits through a carbon budget or other means,” O’Leary told the court.

She also noted that the Swiss government had failed to meet past greenhouse gas emission reduction targets by not taking steps to ensure that targets were met.

Global Citizen Movement Ahwaz said the court’s ruling opens a new chapter in climate litigation.

“The Swiss ruling sets an important legally binding precedent, providing a blueprint for how to successfully sue your own government over climate issues,” said Ruth Delbaere, director of legal campaigns at Avaaz.

However, the court dismissed two other similar cases, the first in which six Portuguese youths sued 32 European governments, and the other in which a former French mayor sued the French government.

“I really wanted us to win against all the countries, so obviously I’m disappointed it didn’t happen,” Portugal youngster Sofia Oliveira said in a statement.

“But most importantly, the court said in the Swiss Women’s case that governments must further reduce emissions to protect human rights. So their victory is also our victory and a victory for everyone!”

Switzerland’s ruling, which is not appealable, could force the government to take greater action to reduce emissions, including revising its 2030 emissions reduction targets to be in line with the Paris Agreement’s goal of limiting warming to 1.5 degrees Celsius.

The case heard by a 17-judge jury in Strasbourg, France, joins a growing trend of communities bringing climate lawsuits against governments under human rights laws.

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