Failing to consider climate change is a human rights violation

In a case brought by a group of more than 2000 Swiss women, the European Court of Human Rights’ rules that failing to consider climate change is a human rights violation. As such, it was found that failing to sufficiently combat climate change has violated the human rights of the Swiss citizens.

This unprecedented decision will have widespread effects for communities and Government in general, as well as for future climate action and climate litigation throughout Europe.

The women who brought this issue to the forefront were all Swiss women 64 and older, who are known as KlimaSeniorinnen (climate seniors). The women brought this case to the European Court of Human Rights arguing that inaction in respect of climate change is increasing their chances of dying particularly during heatwaves. Their win will resonate as a powerful win for climate action, and is the first of this kind of litigious climate advocacy.

What does this mean for Switzerland?

As the ruling is binding, it is unable to be appealed. The Court found that Switzerland had failed to comply with the targets its set to reduce greenhouse gas emissions. The Court President said “It is clear that future generations are likely to bear an increasingly severe burden of the consequences of present failures and omissions to combat climate change.”

Swiss President Viola Amherd stated: “Sustainability is very important to Switzerland, biodiversity is very important to Switzerland, [and] the net zero target is very important to Switzerland.”

“We are working on those and will continue to work on them with all our strength. This ruling does nothing to change that.”

It is suggested that Switzerland should cut its current targets even further than just merely decreasing its emissions by 50 per cent by 2030 (from 1990 levels).

How will this decision affect global climate action? And particularly Australia?

It is expected that this ruling will have a profound impact on climate policy globally. Grata Fund founder and executive director Isabelle Reinecke has suggested “It sets a tone globally that has impacts in Australia as well, to say that climate action is a legal duty – it’s not just a matter of politics… What governments need to understand … is that there is a level of climate harm that is happening now, and it’s going to get drastically worse, even if we stay within 1.5 degrees of warming. And that harm is so terrible, and done so knowingly, that it’s just untenable for there not to be any legal accountability.”

Watch this space!
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Sources:

1.      9News: https://www.9news.com.au/world/climate-change-court-swiss-women-win-european-court-of-human-rights-judgment/688d529a-3f65-4a24-9949-8d9f4ff18e1d

2.      The Sydney Morning Herald: https://www.smh.com.au/environment/climate-change/what-does-the-swiss-climate-decision-mean-for-australia-20240410-p5fiog.html