ESG
Climate Inaction Violates Human Rights, ECHR Rules in Landmark Cases
The European Court of Human Rights (ECHR) has delivered a landmark ruling in a climate case brought by elderly Swiss women, marking the first time the court has addressed climate change. The ruling emphasizes the urgent need for action at the intersection of climate change and human rights. Switzerland was found in violation of the European Convention on Human Rights, specifically Article 8 (right to respect for private and family life) and Article 6 § 1 (access to court). While the individual complaints were declared inadmissible, the applicant association, Verein KlimaSeniorinnen Schweiz, was recognized, highlighting the importance of effective judicial remedies in climate-related matters. The ruling sets a significant legal precedent and may have far-reaching implications for climate litigation and policy in Europe.
The ECHR also addressed climate-related complaints in two other cases. In Carême v. France, a complaint by a former mayor alleging France’s inadequate action to prevent global warming was deemed inadmissible. Similarly, in Duarte Agostinho and Others v. Portugal, complaints regarding the severe effects of climate change were declared inadmissible due to non-exhaustion of domestic remedies and lack of grounds for extraterritorial jurisdiction. These cases further underscore the complex relationship between climate change and human rights, highlighting the need for comprehensive strategies to mitigate the impacts of climate change and protect vulnerable populations.
Resources: https://esgnews.com/climate-inaction-violates-human-rights-echr-rules-in-landmark-cases/
