« Climate Justice is a Human Right »
This slogan, displayed on banners by protesters—including Greta Thunberg—in Strasbourg on Tuesday, April 9, became a reality with the European Court of Human Rights (ECHR) rulings. For the first time, the highest human rights court had to rule on governmental climate action and the impact of climate change on human rights in three separate cases. While two were dismissed, Switzerland was condemned. This marks a significant milestone for the advancement of climate justice in Europe.
A Historic Conviction
Switzerland was found guilty of violating Articles 8 and 6.1 of the European Convention on Human Rights. The case, brought by the association « Senior Women for Climate Protection »—comprising 2,500 women with an average age of 73—argued that Switzerland failed to meet its greenhouse gas reduction commitments, affecting the « right to private and family life » of these women, who are particularly vulnerable to heatwaves. This failure constituted a violation of their fundamental rights. « The right to private life includes health, well-being, quality of life, and the ability to remain in one’s desired living environment, » explains Yvon Martinet, a partner at DS Avocats. The ECHR also criticized Switzerland for not providing access to national justice to enforce this right.
This landmark decision underscores the importance of climate action in protecting human rights and sets a precedent that could impact other European countries, including France.
