The European Court of Human Rights has heard its first two lawsuits on climate change, brought against the governments of Switzerland and France.
After a pair of historic hearings, the future of European and international climate action is hanging on the decision of judges at the European Court of Human Rights.
The two lawsuits, heard today in Strasbourg, accuse the governments of France and Switzerland of breaching the human rights of their citizens by not doing enough to cut national emissions.
It is the first time climate change has come before the European Court of Human Rights, but is unlikely to be the last.
The lawsuits were filed by a former French mayor and a group of Swiss seniors, all of whom argue that their governments have breached their rights to life and to respect for private and family life under the European Convention on Human Rights.
The judgements could set a “pivotal” precedent for climate action, campaigners told Climate Home News, as they could make states take more ambitious climate action as part of their human rights obligations.
Elders facing extreme heat
In the first case, an association of 2,038 older women called the KlimaSeniorinnen, as well as four individual applicants, argue that they are particularly vulnerable to climate change.
They presented evidence to the court that older people – particularly women – are more likely to die during heatwaves.
The group, which has an average age of 73, first petitioned the domestic courts for action but its case was dismissed.
Switzerland does not dispute that climate change is real and could affect human health. But the government’s legal team told the court its carbon emissions could not be directly linked to the health of older women and said they were not the only ones affected.
Furthermore, it maintained that its existing climate targets and policies are sufficient and said it should not be asked to do more if it was not technically and economically feasible.
Jessica Simor, a lawyer representing the KlimaSeniorinnen, said Switzerland itself had never assessed the fairness of its climate targets and policies, pointing to independent research by Climate Action Tracker that deems the country’s current efforts ‘insufficient’.
Vidéo : Audience Verein KlimaSeniorinnen Schweiz et autres c. Suisse https://t.co/fFghE94vTl | Video: Hearing Verein KlimaSeniorinnen Schweiz and others v. Switzerland https://t.co/LQsm3aMC56#ECHR #CEDH #ECHRhearing pic.twitter.com/JSJASyX5em
— ECHR CEDH (@ECHR_CEDH) March 29, 2023
Switzerland currently aims to reduce domestic greenhouse gas emissions by 34% by 2030, which is lower than its formal international commitment of cutting “at least 50%” of all greenhouse gas emissions by the same date.
In 2021, the Swiss government held a referendum to align its domestic target with the more ambitious 50% cut, but voters rejected it.
Marc Willers, a barrister representing the KlimaSeniorinnen, told the court that blaming the referendum was “plainly a bad argument” and claimed Switzerland was responsible for its violations “irrespective of how they came about”.
The KlimaSeniorinnen want Switzerland to cut its domestic emissions by above 60% below 1990 levels by 2030, which they say is more in line with similar nations and the EU itself.
Willers said Switzerland’s approach undermined global trust and efforts to combat climate change. If a nation as rich and technologically advanced as Switzerland does not do its fair share, he argued, “what hope is there that other countries will step up?”
Climate victim?
In the second lawsuit, against the government of France, the former mayor of the commune of Grande-Synthe argues that he is personally vulnerable because his home is at risk from flooding.
Damien Carême, now a green MEP for France, had also brought a domestic case against France to the country’s top administrative court. In 2021, the court
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