Europe's top court condemns Switzerland in landmark climate ruling

Europe’s highest human rights court rules that countries must better protect their people from consequences of the climate crisis, siding with a group of older Swiss women against their government.

Members of Swiss association Senior Women for Climate Protection react after the announcement of decisions after a hearing of the European Court of Human Rights (ECHR) to decide in three separate cases if states are doing enough in the face of global warming in rulings that could force them to do more / Photo: AFP
AFP

Members of Swiss association Senior Women for Climate Protection react after the announcement of decisions after a hearing of the European Court of Human Rights (ECHR) to decide in three separate cases if states are doing enough in the face of global warming in rulings that could force them to do more / Photo: AFP

Europe's top rights court has said Switzerland was not doing enough to tackle the climate crisis in a historic decision that could force governments to adopt more ambitious climate policies.

The European Court of Human Rights, part of the 46-member Council of Europe, however, threw out two other cases against European states on procedural grounds on Tuesday.

Hopes had been high for a legal turning point ahead of the rulings in the three cases, treated as a priority by the 17 judges of the court's Grand Chamber.

In the first case, the court found that the Swiss state had violate d Article 8 of the European Convention on Human Rights, which guarantees the "right to respect for private and family life", according to the ruling seen by AFP news agency.

The Swiss association of Elders for Climate Protection — 2,500 women aged 73 on average — had complained about the "failings of the Swiss authorities" in terms of climate protection that could "seriously harm" their health.

The court ordered the Swiss state to pay the association almost $87,000 (80,000 euros) within three months.

The lawyer of the Swiss association, Cordelia Bahr, said the court has "established that climate protection was a human right".

"It's a huge victory for us and a legal precedent for all the states of the Council of Europe," she said.

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'Historic'

Activist Greta Thunberg said it was "only the beginning of climate litigation".

"All over the world more and more people are taking their government to court, holding them responsible for their actions," she said inside the court after attending the rulings.

Joie Chowdhury, a lawyer from the Center for International Environmental Law, said the ruling was "historic".

"We expect this ruling to influence climate action and climate litigation across Europe and far beyond," she said.

It "leaves no doubt: the climate crisis is a human rights crisis, and states have human rights obligations to act urgently and effectively... to prevent further devastation and harm to people and the environment," she said.

In a second case, the court dismissed a petition from six Portuguese people, aged 12 to 24, against 32 states including their own because the case had not exhausted all avenues at the national level.

In a third case, the court rejected a claim from a former French mayor that the inaction of the French state posed the risk of his town being submerged under the North Sea.

The court decisions came as Europe's climate monitor said March this year had been the hottest on record.

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