Historic victory for senior climate activists

The European Court of Human Rights (ECHR) has delivered a landmark judgment on governments not doing enough to tackle the climate crisis.

On Tuesday, April 9, the ECHR issued a decision in favour of Swiss climate activists, marking a significant moment in environmental legal battles.

The Swiss group ‘KlimaSeniorinnen’ (translated as ‘Climate Seniors’), made up of retired women, had accused their government of failing to combat global warming effectively.

Prior to the outcome they had publicised the case on their website: ‘ The Grand Chamber of the European Court of Human Rights  will deliver its ruling in our case. ‘

They added: ‘At the same hearing, the ECHR will also announce the rulings in the other two climate cases Duarte Agostinho and Others vs Portugal and 32 Other States and Careme vs France. Over 100 Senior Women want to travel to Strasbourg for the pronouncement of the ruling. ‘

The court’s verdict, by a majority of 16 to one, found Switzerland guilty of not implementing adequate measures to cut emissions and shield its citizens from the climate crisis’s repercussions.

This negligence was deemed a breach of Articles 6 and 8 of the European Convention on Human Rights, infringing on the right to life.

A historic verdict for climate justice

This ruling against Switzerland stands out for being the ECHR’s first to address a government’s inactivity in tackling the climate emergency as a human rights violation.

Meanwhile, the court dismissed two other cases on technical grounds. These involved six young Portuguese individuals who had brought a case against all European countries for similar reasons and a former French mayor who argued France’s insufficient engagement in climate action violated citizens’ right to life.

Although not successful, these cases underscore the growing field of climate litigation, highlighting the increasing willingness of activists to hold governments accountable through the judicial system.

Climate litigation: A new battleground

The significance of these cases extends beyond their immediate outcomes. They represent unprecedented steps in climate litigation, being the first of their kind to reach the ECHR and involve a lawsuit against 32 states.

They announced their success on Facebook: ‘We are overwhelmed! For the first time, a nationwide court specializing in human rights has directly approved a human rights claim to climate protection.’

They added: ‘The Court found that Switzerland had not fulfilled its obligations under the Convention on Human Rights regarding climate change.’

This is the first time a case of this nature has reached the European Court of Human Rights, marking a new chapter in the fight against global warming through legal channels.