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European Court of Human Rights Sets Vital Precedent with Ruling in Landmark Climate Case

European Court of Human Rights Sets Vital Precedent with Ruling in Landmark Climate Case
Credit: Frederick Florin/AFP via Getty Images

Europe (Washington Insider Magazine)— The European Court of Human Rights (ECtHR) delivered a groundbreaking ruling today in a series of landmark climate cases, setting a vital precedent in the fight for climate justice. Among the key cases was Klimaseniorinnen Schweiz v. Switzerland, in which a group of older Swiss women argued that the government’s insufficient efforts to combat climate change violated their rights to health and life, particularly during extreme heatwaves.

The Swiss case marked a historic moment as the ECtHR found that the Swiss government had failed to meet its obligations under the European Convention on Human Rights by not taking adequate measures to reduce greenhouse gas emissions and failing to meet previous climate targets. This ruling sends a strong message to European policymakers that governments must act more decisively to address climate change.

Amnesty International’s Head of Strategic Litigation, Mandi Mudarikwa, lauded the court’s decision, calling it “vital and historic.” She emphasized the remarkable determination of the applicants, particularly the young Portuguese plaintiffs, who sought to protect not only their futures but also the generations to come. “Strategic litigation can deliver climate justice and protect the rights of billions, particularly marginalized groups,” she said.

The ruling also strengthens the legal pathway for future climate cases through the ECtHR, reinforcing that states must meet their obligations to protect citizens from the harmful effects of climate change. The court’s decisions to dismiss two other cases were based on procedural issues rather than the merits of the cases themselves, highlighting the ongoing importance of legal avenues for climate advocacy.

The three cases ruled on today include:

  1. Klimaseniorinnen Schweiz and Others v Switzerland – A group of over 2,500 older Swiss women argued the government’s inadequate climate response jeopardized their lives.
  2. Duarte Agostinho and Others v Portugal – Six young Portuguese individuals challenged multiple states’ climate inaction, which led to school closures and health risks during heatwaves.
  3. Damien Carême v France – A former French mayor claimed the government’s climate policies failed to protect against the risk of future flooding.

This ruling highlights the growing importance of the right to a clean, healthy, and sustainable environment, a principle that was formally recognized by the UN General Assembly in 2022. Amnesty International, part of a coalition calling for a new protocol to reinforce environmental protection under the European Convention, views today’s decisions as a significant step forward in expanding the court’s environmental jurisprudence.

As climate change continues to pose existential threats, the ECtHR’s ruling paves the way for future climate justice actions, underscoring the urgent need for governments to act in accordance with their human rights obligations.

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