On 9 April, the European Court of Human Rights (ECtHR) issued its ruling on the case Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, where the Court addressed for the first time the impacts of the climate crisis on human rights. By a majority of sixteen votes to one, the Court found that the Swiss Confederation had failed to comply with its duties (“positive obligations”) concerning climate change under the European Convention on Human Rights, thus echoing the collective inputs that together with ESCR-Net we submitted in 2021.

Substantially, our amicus curiae sought to bring the Court’s attention to relevant connections between international environmental law and international human rights law standards. As such, the presentation aimed to establish that the impact of climate change on human rights required States to take action to adequately address the climate crisis and protect communities particularly affected in light of their positive human rights obligations.

Grounds for litigation

The case was presented to the European Court by a group of older Swiss women who claimed Switzerland was violating their rights under the European Convention by failing to adhere to its international climate change ambitions. In that sense, the applicants argued that the Swiss CO2 law was insufficient to limit global warming to 2 degrees Celsius and, thus, not in conformity with the State’s obligations. Furthermore, they claimed that, as older women, they were particularly affected by climate change since they suffered health consequences due to increased temperatures. The group sought a decision from the Court requiring the State to take urgent action to stop the climate crisis and protect communities facing greater risks.

The ruling of the ECtHR

In its ruling, the Court highlighted that climate change is one of the most pressing issues of our era and that it poses a severe threat to the enjoyment of human rights. The ECtHR underscored the obligation to take urgent measures to address climate change effectively. The Court further noted that current mitigation efforts are not sufficient to meet the 1,5°C target and, thus, not in conformity with human rights obligations. Therefore, the Court stressed that States must adopt and apply in practice 'regulations and measures capable of mitigating the existing and potentially irreversible, future effects of climate change'.

The European Court also explicitly indicated that effective respect for human rights means reducing GHG emission levels, with a view to reaching net neutrality, in principle, within the next three decades. The Court underlined the role of local authorities, who must act promptly, appropriately, and consistently against climate change. The Court further emphasised local courts' role to ensure climate policy complies with international human rights obligations.

The ECtHR acknowledged that future generations will likely bear increasingly severe consequences of present failures to combat climate change. The Court noted that to avoid a disproportionate burden on future generations, immediate action needs to be taken, and adequate intermediate reduction goals must be set for the period leading to net neutrality.

This ruling from the ECtHR marks a significant step forward, empowering individuals to demand robust climate regulations and carbon budgets from their governments. The ground-breaking nature of the decision will herald a pivotal moment for climate justice litigation at the local and international level, shaping and advancing the trajectory of climate justice litigation worldwide.

You can access the full decision of the ECtHR here.