Four women in their 70s won a case against Switzerland at the European Court of Human Rights (ECHR) on the grounds that climate change affects them due to their age. The ECHR found Switzerland’s efforts to reduce environmental pollution inadequate.
Four women, mostly in their 70s, from the Swiss-based Climate Protection for Elderly Women (KlimaSeniorinnen) organization had filed a lawsuit against the Swiss government at the European Court of Human Rights (ECHR), stating that the heatwaves associated with climate change make them vulnerable due to their age.
The ECHR ruled that Switzerland violated Article 8 and Article 6, paragraph 1 of the European Convention on Human Rights. In its binding decision, the ECHR stated, “The Court finds that the Swiss Confederation has failed to fulfill its obligations under the Convention regarding climate change.”
That’s important because there are several pending climate change cases at the Court, which is based in Strasbourg, France, including a case against the Norwegian government alleging oil and gas exploration licenses violate citizens’ human rights. Establishing a precedent in the ECHR means that it could apply to the 45 other countries that are party to the European Convention on Human Rights.
Switzerland will now be obligated to update its climate change policies, but the ECHR can’t tell the Swiss government what policies must be implemented, Michael Burger, executive director of the Sabin Center for Climate Change Law at Columbia University, told Vox.
“A new path for legal action has opened”
Rıza Türmen, a former judge of the ECHR, highlighted that this decision has paved a new way for legal action on climate change at the ECHR. Türmen commented, “In the upcoming years, the ECHR’s principles should be firmly established, and the ECHR should assume a more proactive role in addressing climate change.” He also emphasized the significance of the ruling for Turkey:
“Turkey ratified the Paris Agreement in 2021, albeit with some delay. The Agreement aims to limit the global average temperature increase to 2°C, and if feasible, to keep it below 1.5°C. It also encourages countries to collaborate to achieve net-zero greenhouse gas emissions by mid-century. Achieving Turkey’s net-zero emissions target by 2053 necessitates a shift in its climate policies. Currently, Turkey ranks 16th globally in greenhouse gas emissions, with per capita emissions on the rise. To align with the Paris Agreement’s 1.5°C target, Turkey must reduce its greenhouse gas emissions. This requires Turkey to transition away from fossil fuels, terminate existing fossil fuel subsidies and incentives, and pivot towards renewable energy investments, such as solar and wind power. However, Turkey’s current practices move in the opposite direction. Coal-fired thermal power plants are being promoted, and new coal mining areas, which inflict significant harm on nature and local communities, are being established by clearing forested areas. The Akbelen forest stands as a recent example.
Given this situation, if the local people’s right to private life and family are violated, they have the option to first approach the Constitutional Court. If they do not receive a favorable outcome there, they can then turn to the ECHR.”