2024-04-11 10:54:34
The European Court of Human Rights (ECtHR) handed down a historic ruling on Tuesday, condemning Switzerland for the first time for inaction on climate change, a legally binding ruling that is expected to set a precedent across the 46 member states of the Council of Europe. .
“Today’s decision is historic and we are very, very pleased to have taken this case to the European Court of Human Rights,” said Anne Mahrer, one of the Swiss environmental activists who brought the case against Bern. “We will now be extremely vigilant to ensure that Switzerland implements the decision.”
Greta Thunberg, who was present in Strasbourg, welcomed “the beginning” of the climate dispute. “Around the world, more and more people are taking their governments to court to hold them accountable for their actions. Under no circumstances should we back down, we must fight even harder, because this is just the beginning”, said the young Swedish activist of the climate.
With the month of March setting a new world heat record, the Court’s decision was awaited with great expectation: the ECtHR had never ruled on the responsibility of States in relation to climate change.
But the President of the ECtHR, Irish Siofra O’Leary, issued three different conclusions on the same issue. While Switzerland was condemned, two other requests were rejected: that of a former ecologist, mayor of a coastal municipality in northern France, and the request of a group of young Portuguese against 32 countries.
Young people, Portuguese and climate heroes
“Legal obligation”
The first case was brought by the “Elders for Climate Protection” (2,500 Swiss women aged 73 on average). They denounced the “failure of the Swiss authorities to mitigate the effects of climate change”, which is having a negative impact on their living and health conditions.
Switzerland “has a legal obligation to implement this decision”, Bern lawyer Alain Chablais told AFP. “It will take some time to determine the measures that will be taken” by the Swiss government, he indicated, but added that “this decision will set a precedent.”
The ECtHR, which applies the European Convention on Human Rights, considered that there was a violation of Article 8 (right to respect for private and family life) and Article 6 (access to a court). The Court thus stated that article 8 enshrines the right to effective protection by the authorities of a State against the adverse effects of climate change on life, health, well-being and quality of life.
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A win for everyone
A second dossier was initiated by French MEP (former EELV) Damien Carême. This former mayor of Grande-Synthe (Nord) attacked the “failures” of the French state, arguing, in particular, that they put the city on the North Sea coast at risk of flooding. But the Court did not recognize him as a victim, particularly because he no longer resides in France.
Finally, the third case was supported by a group of six Portuguese, aged between 12 and 24, who mobilized after the terrible fires that devastated their country in 2017.
The request was directed not only against Lisbon, but also against all EU Member States, as well as Norway, Switzerland, Turkey, the United Kingdom and Russia – 32 countries in total. But the Court ruled that the young people had not exhausted the remedies available in those countries.
Although the request was rejected, the Portuguese consider that this setback was more than compensated by the decision regarding Switzerland. “I was expecting us to win against all these countries, so I’m obviously disappointed,” said Sofia Oliveira, 19, one of the complainants. “But most importantly, in the case of Switzerland, the Court found that countries must further reduce their emissions to defend human rights. Therefore, this victory is also a victory for us and a victory for everyone!”
Climate activist Greta Thunberg detained during demonstration in The Hague
Under the 2015 Paris Agreement, governments committed to limiting global warming to “well below” 2 degrees Celsius since the pre-industrial era (1850-1900) and, if possible, 1.5 degrees Celsius.
However, with a new temperature record in March, the last 12 months have been the hottest ever recorded in the world, 1.58 degrees warmer than the planet’s climate in the 19th century, the European observatory announced on Tuesday. Copernicus.
2024-04-11 10:54:34