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First climate case before the European Court of Human Rights | Greenpeace int.

STRASBOURG – Today, the Senior Women for Climate Protection Switzerland and four individual plaintiffs are making history with the first climate case to be heard before the European Court of Human Rights (ECtHR) in Strasbourg, France. The case (Association KlimaSeniorinnen Schweiz and others against Switzerland, application no. 53600/20) will set a precedent for all 46 states of the Council of Europe and decide whether and to what extent a country like Switzerland needs to reduce its greenhouse gas emissions more to protect human rights.

The 2038 Senior Women for Climate Protection Switzerland took their government to the European Court of Human Rights in 2020 because their lives and health are threatened by heatwaves fueled by climate change. The ECtHR has faster her case, which will be heard in its Grand Chamber of 17 judges.[1][2] The Senior Women for Climate Protection Switzerland are supported by Greenpeace Switzerland.

Anne Mahrer, Co-President of Senior Women for Climate Protection Switzerland said: “We have filed a lawsuit because Switzerland is doing far too little to contain the climate catastrophe. Rising temperatures are already having a serious impact on our physical and mental health. The big increase in heat waves is making us older women sick.”

Rosmarie Wydler-Wälti, Co-President of Senior Women for Climate Protection Switzerland said: “The decision to hold the hearing before the Grand Chamber of the Court underscores the fundamental importance of the proceedings. The Court has recognized the urgency and importance of finding an answer to the question of whether states are violating the human rights of older women by failing to take necessary climate action.”

Cordelia Bähr, attorney for Senior Women for Climate Protection Switzerland, said: “Older women are extremely vulnerable to the effects of heat. There is strong evidence that they face a significant risk of death and damage to health due to heat. Accordingly, the harms and risks caused by climate change are sufficient to fulfill the positive obligations of the state to protect their right to life, health and well-being as guaranteed in Articles 2 and 8 of the European Convention on Human Rights.”

The lawsuit filed by Swiss senior citizens for climate protection is one of three climate protection lawsuits that are currently pending before the Grand Chamber.[3] The other two lawsuits are:

  • Careme vs France (No. 7189/21): This case – also due to be heard before the court this afternoon, March 29 – concerns a complaint by a resident and former mayor of the municipality of Grande-Synthe, who alleges that France has done so have taken insufficient action to prevent climate change and that failure to do so entails a violation of the right to life (Article 2 of the Convention) and the right to respect for private and family life (Article 8 of the Convention).
  • Duarte Agostinho and others vs Portugal and others (No. 39371/20): This case concerns the polluting greenhouse gas emissions from 32 Member States which, according to the applicants – Portuguese nationals aged between 10 and 23 – contribute to the phenomenon of global warming, which among other things results in heat waves that affect the life, living conditions, physical and mental health of the applicants.

Based on the three climate change cases, the Grand Chamber of the European Court of Human Rights is to define whether and to what extent states are violating human rights by failing to mitigate the effects of the climate crisis. This will have far-reaching consequences. A leading judgment is expected that will set a binding precedent for all Council of Europe member states. This is not expected until the end of 2023 at the earliest.

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Photos: Greenpeace

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