https://www.open.online/2024/04/09/corte-europea-dirtti-uomo-condanna-svizzera-clima
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The European Court of Human Rights has condemned Switzerland for failing to take adequate measures against the advance of climate change.This is a historic ruling, because for the first time the Strasbourg judges link the protection of human rights to compliance with climate obligations.The appeal was filed by the Verein KlimaSeniorinnen Schweiz, an association of elderly Swiss women concerned about the consequences of climate change on their health.In reality, theirs is not the only climate dispute to reach the European Court of Human Rights.Today the Strasbourg judges expressed their verdict on two other very similar cases:one promoted by a former French mayor and the other by a group of Portuguese youth.In the latter two cases, the appeals were declared inadmissible.
Switzerland's condemnation
In the appeal presented to the ECtHR, the Swiss association Senior Women for Climate Protection Switzerland asked the Court to oblige Switzerland to intervene to protect their human rights and to adopt the legislative measures necessary to avoid an increase in the average global temperature of more than 1 .5°C, applying concrete objectives for reducing greenhouse gas emissions.The ruling issued today by the ECHR recognizes that «Article 8 of the Convention (European Human Rights Committee – ed.) establishes the right to effective protection by state authorities against the serious adverse effects of climate change on life, health, well-being and quality of life".The appeal was therefore accepted, but only in part.The judges in fact found that the four appellants "do not meet the criteria for victim status", but still have the right to appeal "on behalf of those individuals who may claim to be subject to specific threats or negative effects of climate change" .
The disappointment of the young Portuguese (and the French mayor)
Today the ECtHR was also called to express its opinion on the case «Duarte Agostinho and Others v.Portugal and 32 Other States», a lawsuit brought by a group of young Portuguese against 32 member states of the European Union (including Italy), accused of not doing enough to reduce emissions.Their appeal was declared inadmissible by the Strasbourg judges, according to which the appellants should have turned to the Portuguese courts before appealing to the ECHR.The same fate also befell the third and final climate dispute that ended up on the table of the European Court of Human Rights.The appeal in this case was Damien Carême, former mayor of Grande-Synthe, who sued France for not acting with enough conviction and effectiveness to limit the effects of climate change.The Strasbourg Court noted, however, that Carême no longer lives in France and consequently cannot declare himself a victim of the French government's inaction.
Greta Thunberg:«It's only the beginning»
The victory of the elderly Swiss women was welcomed as a historic result by environmental associations, with WWF Italy speaking of "a new phase" for climate litigation against governments and companies.«It is to be hoped – the association writes in a note – that the ECHR's orientation can provide a new stimulus for Italy to conform plans and measures to the reasons for the ecological transition as soon as possible».He is also rejoicing Greta Thunberg, the activist who gave birth to the Fridays for Future movement.«This is just the beginning of the climate dispute:Around the world, more and more people are taking their governments to court to hold them accountable for their actions,” the Swedish activist said outside the ECHR in Strasbourg.Also reacting to the ruling is the European Commission, which "takes note" of the judges' decision and says it is "fully committed to ensuring the complete implementation of the Green Deal and the commitments undertaken under the Paris Agreement".
Cover photo:Greenpeace/Shervine Nafissi