European court rules climate inaction by governments is a violation of human rights

The European Court of Human Rights has issued its landmark judgment that climate inaction by governments is a violation of human rights.

The case was brought by a group of older women and their association in Switzerland who alleged that the State was not doing enough to cut greenhouse gas emissions.

As a consequence, it was exposing them to life-threatening heatwaves in violation of the right to life and the right to private and family life enshrined in Articles 2 and 8 of the European Convention on Human Rights (the Convention). The applicants also alleged a violation of the right to a fair trial (Article 6) and the right to an effective remedy (Article 13), because the Swiss courts had dismissed their claims on procedural grounds.

The European Court of Human Rights ruled that Switzerland had failed to act in time and in an appropriate and consistent manner to devise, develop and implement relevant legislation and measures to mitigate the effects of climate change. Therefore, Switzerland had failed to comply with its positive obligations under the Convention and exceeded its margin of appreciation.e. 

This acknowledges that States have the responsibility to combat climate change to protect human rights.

At the same time, the Court underlined that States should be accorded a wide margin of appreciation regarding the choice of means adopted in order to meet internationally anchored targets and commitments in the light of priorities and resources.

Find out more here.