2024-04-10 12:31:49
They rejected a claim against Bulgaria and 31 other countries by young people from Portugal
Weak government climate policies violate basic human rights, the European Court of Human Rights (ECHR) ruled on Tuesday. This is the first time the court has ruled on climate disputes.
The body ruled in favor of a group of elderly Swiss women who argued that their government’s inadequate efforts to combat climate change
expose them to
risk of death
during heat waves. The case was brought by the association KlimaSeniorinnen (Swiss Climate Elders), which includes 2,500 women with an average age of 73. The historic decision could have a ripple effect across Europe and beyond, setting a precedent for how some courts deal with the growing wave of climate litigation argued on the basis of human rights violations.
ECHR President Siofra O’Leary said the Swiss government had violated the human right to private and family life by failing to put in place sufficient domestic policies to tackle climate change.
The ruling against Switzerland, which cannot be appealed, could force the government to take more sweeping climate action, including revising its 2030 emissions reduction targets to be in line with the Paris Agreement’s curb target of warming up to 1.5 degrees.
After the decision of the ECtHR experts reminded that
all
European
countries have
the same
obligations
like Switzerland to protect the right to private and family life in the context of climate damage. However, the Strasbourg court dismissed two other similar cases. The first, filed by six Portuguese youths between the ages of 12 and 24 against 32 countries, including Bulgaria, and the other by a former French mayor against his government.
“I was really hoping that we would win against all sides, so obviously I’m disappointed that it didn’t happen,” said Portugal’s Sofia Oliveira. The youth pointed out that the repeated fires in some countries in recent years are a direct result of global warming and have an impact on their health. According to the ECtHR, their claim cannot be approved because no territorial jurisdiction can be established in relation to the countries, except Portugal, where they suffer the damages of climate change.
A third case was filed by the former mayor of the French city of Grand Synthe, Damien Carréme. He complained about the “shortcomings” of the government, which put his area at risk from rising sea levels. The judges rejected Kareme’s claim because he does not currently live in France – he has moved to Brussels to become an MEP.