Amnesty International highlights landmark climate rulings by European court

Brussels (The Brussels Morning Newspaper) – Amnesty International has issued a briefing that explores three landmark climate judgments of the European Court of Human Rights (ECtHR), published on 9 April 2024, on cases carried by older Swiss women, six young Portuguese people, and an ex-French mayor and member of the European Parliament.  

Climate Inaction Ruled Out!, delivers an overview of the new climate jurisprudence formed by the ECtHR. The briefing concentrates in particular on Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the first substantive order of the Court to draft states’ duty to safeguard human rights, as insured in the European Convention on Human Rights, in the context of the climate situation worsening at a rapid pace.  

What are the key climate rulings by the European Court of Human Rights?

In this case, older Swiss women groaned of health conditions exacerbated during heatwaves. The Court figured that Switzerland’s inadequate policies to lower greenhouse gas emissions (including the absence of a carbon budget) infringed their right to private and family life which contains a right to effective protection from the serious adverse effects of climate change on people’s lives, health, well-being and quality of life. According to the ruling, Switzerland neglected to consider the best available science to determine global heating to 1.5° Celsius above industrial levels – a condition set under international law – and did not effectively plan and enact mitigation actions that would protect claimants from harm. 

How does Amnesty International view the Swiss response to the ECtHR ruling?

“Strategic litigation is a strong tool for holding states to account for their failures to prevent the climate crisis and to better safeguard the rights of billions of people, starting with the most marginalized,” stated Mandi Mudarikwa, Amnesty International’s Head of Strategic Litigation. 

However, on 12 June 2024, the Swiss parliament voted to somewhat shun the ruling. The Swiss government is anticipated to present its action program on the ruling in the coming weeks.   

“The vote in the Swiss parliament was very disappointing. Decisions of the European Court of Human Rights are legally binding and failure to comply carries consequences. The Swiss government now has the opportunity to comply with the decision of the Court. Continuing down the path set by the parliament will be a disaster for the rule of law in Switzerland and Europe,” stated Mandi Mudarikwa. 

The three climate decrees of 9 April add to an increasing body of international jurisprudence on states’ obligations to admire, protect and fulfil human rights deteriorated by the climate crisis. 

According to Amnesty International, it is publishing this briefing to aid civil society organizations, activists, journalists, and supporters who desire to learn more about climate justice at the ECtHR, especially in light of the latest political developments to abandon the ruling in Switzerland.