The Strasbourg Ruling: A Landmark in Climate Justice for Europe

By Elf

 

In a landmark ruling against Switzerland that resonates beyond its borders, the European Court of Human Rights (ECHR) declaration recognises that European nations bear a legal duty to safeguard their citizens against the perils of climate change. The decision marks another pivotal moment in global climate litigation, amplifying the voices of those demanding urgent action to combat the climate crisis.

While the court dismissed a prominent case brought by six Portuguese youngsters against the European Union, advocating for stringent emissions reduction targets, it upheld the demands of over 2,000 Swiss retirees represented by the Senior Women for Climate Protection group against the Swiss Government’s inaction on climate change. This decision creates further impetus in the global fight against climate change, with significant implications for the United Kingdom and beyond given the status of the ECHR.

The court found that Art. 8 of the European Convention on Human Rights (the right to private and family life) encompasses a right for individuals to effective protection by the state authorities from the serious adverse effects of climate change on their lives, health, well-being, and quality of life.

The ruling reverberates across the UK, where environmental concerns and legal battles intersect. As a signatory to the Paris Agreement, the UK shoulders responsibilities to mitigate climate change. However, challenges persist in translating global commitments into tangible actions. The ECHR’s decision underscores the legal obligations binding upon nations, urging policymakers in the UK to prioritize environmental protection in domestic policies. The United Kingdom was one of the States that drafted the European Convention and was one of the first States to ratify it in 1951.

The ruling also sheds light on the interconnectedness of climate justice and human rights. “Governments need to safeguard people from climate change impacts. Addressing climate change as a matter of social justice, particularly for vulnerable communities disproportionately affected by environmental degradation,” said Emma Montlake, co-director of the Environmental Law Foundation.

In the UK, where climate-related litigation is increasingly prevalent, the ECHR ruling serves as a clarion call for stronger legislative and regulatory measures to mitigate climate risks.

As the urgency of the climate crisis looms large, the ECHR’s decision serves as a strong call for bold, decisive action.

“This is a testament to the power of legal mechanisms in advancing environmental justice. In the face of mounting climate threats nations need to heed the court’s mandate, prioritize environmental protection, and pave the way for a sustainable future for all,” Emma concludes.