Switzerland / Historic decision – The first country in the world to be condemned for climate change

THE Switzerland failed to protect its citizens from the climate change disasters, stated it European Court of Human Rights in a decision landmark which it may have effects in the entire continent.

In a first-of-its-kind case, brought by four women and a Swiss Elderly Associationthe court based in Strasbourg, France decided the Tuesday by a margin of 16 to one that the “Swiss Confederation had not complied with the her duties” regarding the climate change and thus violated their right to respect for private and family life, reports Bloomberg.

His decision ECtHR likely to create res judicata in how some courts deal with increasing appeals for the climate with argument the violation of human rights.

ECtHR President Siofra O’Leary said that Swiss government violated the human right to private and family life failing to enact satisfactory policies to address climate change.

“This included a failure to quantify, through carbon budgeting or otherwise, national greenhouse gas emissions constraints“, she noted addressing the room and underlined that the Swiss government did not achieve the previous targets for reducing greenhouse gas emissions by not taking measures to ensure their achievement.

Global citizen movement Avaaz commented that the court’s decision opened up a new chapter in climate disputes.

“The Swiss decision sets a critical legally binding precedent that serves as a blueprint for how to successfully sue your government for climate failures,” commented Ruth Delbery, director of legal campaigns at Avaaz.

However, the court rejected two other similar appeals, the first brought by six young Portuguese against 32 European governments and another by a former mayor in France against the French government.

“I was really hoping we’d win against all the countries, so obviously I am disappointed that this did not happen,” said Sofia Oliveira, one of the young Portuguese women.

“But more importantly, the Court ruled in the Swiss case that governments must reduce their emissions more to protect human rights. So, their victory is a victory for us and for everyone!”.

The Swiss verdict, which cannot appeal, could force the government to take over greater action to reduce emissions, including revising the 2030 emissions reduction targets to align with the Paris Agreement’s goal of limiting warming to 1.5 degrees Celsius.

The cases before the 17-member panel of judges in Strasbourg, France, joined a growing trend of communities submitting climate lawsuits against governments with arguments based on human rights law.