More than 2,000 Swiss women are taking their government to the European Court of Human Rights (ECHR) over climate change in the case of Verein KlimaSeniorinnen Schweiz and Others v Switzerland.
The Swiss women, who have an average age of 73, are claiming that the country's "clearly inadequate" climate policy, is putting their health and lives at risk and therefore in breach of Article 2 and Article 8 of the European Convention on Human Rights. These Articles protect the right to life and the right to respect for private and family life.
Historic hearing
The lawsuit, whose hearing took place on 29 March 2023, was the first time that the ECHR have heard a case on the impact of climate change on human rights. Its decision may set a precedent on whether climate protection is a human right and, by extension, whether Articles 2 and 8 impose an obligation on States to take the necessary measures to protect the lives of persons under their jurisdiction, including in relation to environmental hazards that might cause harm to life. It is a further example of climate change litigation; a type of litigation that has significantly increased over the last decade.
Climate change and public health
According to the International Energy Agency, Switzerland's average temperatures are rising two or three times faster than the global average. This rise in temperatures has led to an increase in the intensity, frequency and length of heatwaves in the country which is likely, according to the European Climate and Health Observatory, to have serious impacts on public health, particularly among elderly people. The Swiss women are therefore claiming that their government's failure to introduce suitable legislation and to put appropriate and sufficient measures in place in order combat climate change, puts them at risk of dying during heatwaves.
Swiss government defence
The case has been able to reach the ECHR following six years of unsuccessful battles in which the Swiss government won twice in domestic courts. The Swiss government, whilst not denying that climate change can impact public health, says that it cannot be tied specifically to older women's health. The government also maintains that its existing climate targets and policies are sufficient and that doing more was not technically or economically feasible.
Other climate cases in the ECHR
On 29 March 2023, the ECHR also held a hearing in the case of Carême v France. The case concerns a complaint by Damien Carême, the former mayor of Grande-Synthe, a suburb of Dunkirk in northern France. Damien is also claiming that France have failed to take sufficient action on climate change and that this constitutes a violation of the right to life and the right to respect for private and family life as enshrined in Articles 2 and 8 of the Convention.
The ECHR will hear a third climate case, although a hearing date has not yet been decided. The applicants in the case of Duarte Agostinho and Others v Portugal and Others are Portuguese nationals aged between 10 and 23. They have filed a claim against 33 countries, alleging that they have violated their rights under the Convention by failing to take adequate action to address climate change. For example, the applicants argue that forest fires, which have occurred in Portugal every year since 2017, are a direct result of global warming. As a result of these fires, the applicants submit that they have experienced disrupted sleep patterns, allergies and respiratory problems.
As this 'hot' topic continues to develop, it remains to be seen what other similar cases will be brought before the ECHR in the near future.
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