Swiss elderly women secure landmark victory in climate case at top Europe court

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STRASBOURG, France. Europe’s highest human rights court declared on Tuesday that the Swiss government had breached the human rights of its citizens by inadequately addressing climate change, setting a precedent for future climate-related legal battles.

The European Court of Human Rights (ECtHR) delivered a verdict favoring over 2,000 Swiss women who initiated the case, signaling a significant shift in climate litigation dynamics across Europe and beyond. However, the court dismissed two other climate-related cases on procedural grounds, underscoring the complexities surrounding such legal challenges.

The plaintiffs, known as KlimaSeniorinnen and predominantly aged over 64, contended that Switzerland’s climate inaction endangered their lives during heatwaves, citing their age and gender vulnerability to climate impacts.

In her ruling, Court President Siofra O’Leary criticized Switzerland for failing to meet its emission reduction targets and failing to establish a national carbon budget, emphasizing the potential burden future generations would face due to present climate failures.

Reacting to the verdict, Rosmarie Wydler-Wälti, one of the leaders of KlimaSeniorinnen, expressed astonishment at the magnitude of the decision, hailing it as a monumental victory.

The Swiss Federal Office of Justice, representing the government, acknowledged the ruling, pledging to assess its implications and consider future actions.

The ruling reflects a global trend of increasing climate litigation, with citizens leveraging human rights law to hold governments accountable for climate action. The verdict, binding for all 46 signatory countries of the European Convention on Human Rights, imposes a legal obligation on Switzerland to intensify its emission reduction efforts.

Lucy Maxwell, co-director of the Climate Litigation Network, warned of potential further litigation and financial penalties if Switzerland fails to update its climate policies.

The verdict’s ripple effects extend beyond Switzerland, influencing pending climate cases worldwide and potentially shaping future court rulings, including a lawsuit against the Norwegian government over oil and gas exploration licenses.

As courts globally grapple with similar climate cases, the ECtHR’s decision in favor of the Swiss women underscores the pivotal role of human rights in climate justice, resonating with ongoing legal battles in countries like Australia, Brazil, Peru, and South Korea.

While the Portuguese youths’ case was dismissed, Sofia Oliveira, one of the plaintiffs, highlighted the broader significance of the Swiss women’s victory, emphasizing its implications for global climate action and human rights protection.

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Paraluman P. Funtanilla
Contributing Editor

Paraluman P. Funtanilla is Tutubi News Magazine's Marketing Specialist and is a Contributing Editor.  She finished her degree in Communication Arts in De La Salle Lipa. She has worked as a Digital Marketer for start-up businesses and small business spaces for the past two years. She has earned certificates from Coursera on Brand Management: Aligning Business Brand and Behavior and Viral Marketing and How to Craft Contagious Content. She also worked with Asia Express Romania TV Show.