The European Court of Human Rights (ECHR) recently issued a groundbreaking opinion that recognizes protection from the effects of climate change as a human right under European law. The Court's decision came in response to a case brought against Switzerland for failing to meet its obligations under the Paris Agreement.
The case, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, was filed by a group of women and an association concerned about the impact of global warming on their lives and health. They argued that Switzerland had not taken adequate legislative action to address climate change as required by the Paris Agreement.
The Paris Agreement, adopted in 2015, aims to limit global warming to 1.5°C by reducing greenhouse gas emissions and reaching net zero by 2050. The Court found that Switzerland's inaction violated the plaintiffs' right to respect for private and family life.
While the Court ruled in favor of the plaintiffs, the penalty imposed on Switzerland was minimal, with the government ordered to cover legal costs and expenses. The Court did not specify any further actions for Switzerland to take but emphasized the need for effective protection from the adverse effects of climate change.
In a separate case, Duarte Agostinho and Others v. Portugal and 32 Others, a group of Portuguese nationals alleged that multiple countries had failed to fulfill their commitments under the Paris Agreement. However, this case was dismissed due to procedural reasons.
Although the impact of the ECHR's decision may be limited to Switzerland, it sets a significant precedent for future climate-related litigation. The ruling underscores the importance of states' obligations in addressing climate change and could influence how such cases are interpreted in courts around the world.
Overall, the ECHR's opinion marks a crucial step in recognizing the link between climate change and human rights, highlighting the need for governments to take meaningful action to mitigate its effects.
