Category: European Court of Human Rights

Categories
Access to a remedy Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Gender / women-led Imminent risk Non-discrimination Private and family life Right to life Standing/admissibility The United Kingdom Victim status

Plan B. Earth and Others v. the United Kingdom

Summary:

On 11 July 2022, an application against the United Kingdom was filed before the European Court of Human Rights by the NGO Plan B. Earth and four individual applicants. The applicants argued that the United Kingdom’s government violated their rights under Articles 2, 8 and 14 of the ECHR by failing to take practical and effective measures to tackle the threat of anthropogenic climate change. They also submitted that they had suffered violations of their procedural rights under Articles 6 and 13 ECHR because they had been denied a full hearing of their case.

Citing the UK Government’s acknowledgment of the fact that climate change is a serious threat to humanity, the applicant NGO submitted that its membership included those “who are exposed to disproportionate and discriminatory impacts and risks, whether by virtue of age, gender, mental health or membership of racially marginalised communities, or because their family life is inextricably linked to communities on the frontline of the crisis.” The applicants also cited the State’s positive obligation to safeguard the right to life, and argued that the Paris Agreement, and its temperature goal of 1,5 degrees Celsius, are relevant in determining the scope of these positive obligations. They argued that practical and effective measures are required to ensure climate mitigation, adaptation, finance flows and loss and damage, and that the respondent State has failed in all four regards.

Victim status:

As concerns the applicants’ victim status, they argued that they were “victims” of the alleged Convention violations. They referred to domestic rules that increase the cost risk by £5,000 for each additional claimant in environmental cases; this rule serves to deter class actions, and therefore prevents applicants from sharing the cost and other risks involved in litigation. They noted that the first applicants’ members include individuals exposed to disproportionate and discriminatory impacts and risks as concerns their age, gender, membership of racially marginalised communities, family life inextricably linked with communities in the Global South, and mental health, and those who are at the intersection of such increased risks. They also noted that, given the high risk of overwhelming and irreversible interference with the applicants’ rights, denying them victim status would render their Convention rights theoretical and illusory.

Status of case:

The ECtHR declared the application inadmissible, holding that the applicants were not sufficiently affected by the alleged breach of the Convention or its Protocols to claim to be victims of a violation within the meaning of Art. 34 of the Convention. This decision was taken by a Committee judicial formation, as the result of a written procedure without a public decision.

According to Plan B Earth’s press release following the decision, the panel was composed of three judges, among which the UK Judge Tim Eicke.

Publication of decision:

Pending

Date of decision:

13 December 2022 (according to the ECtHR’s press release).

More information:

  • For the full text of the application form, click here.
  • For a press release from Plan B Earth on the filing, click here.
  • For the full claim before the High Court of Justice, click here.
  • For the Court of Appeals’ judgment, click here.

Suggested citation:
European Court of Human Rights, Plan B. Earth and Others v. the United Kingdom, Appl. no. 35057/22, Decision of 13 December 2022.

Last updated:
15 March 2023.


Categories
Deforestation Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Farming Imminent risk Paris Agreement Private and family life Prohibition of torture Right to life The United Kingdom

Humane Being v. the United Kingdom

Summary:
On 26 July 2022, the NGO Humane Being submitted an application to the European Court of Human Rights arguing that the United Kingdom’s government hat violated the European Convention on Human Rights by failing to protect against the life-threatening risks posted by factory farms. The application invokes Articles 2, 3 and 8 ECHR. Factory farming, the applicants argue, is responsible for the risk of millions of human deaths due to the climate crisis, future pandemics and antibiotic resistance. The case also challenges the effects of agricultural methane emissions and deforestation, and argues that factory farming at current levels is not compatible with the Government’s emissions reduction commitments.

Status of case:
The ECtHR declared the application inadmissible in a single judge judicial formation in a non-public written procedure. The (anonymous) judge decided that the applicant was not sufficiently affected by the alleged breach of the Convention or its Protocols to claim to be a victim of a violation within the meaning of Article 34 ECHR. Single judge decisions are not published to the Court’s HUDOC database.

Publication of decision:
Pending

Date of decision:
1 December 2022 (according to the ECtHR’s press release).

More information:
For the NGO’s press release on the application, click here.

Suggested citation:
European Court of Human Rights, Humane Being v. the United Kingdom, no. 36959/22, Decision (single judge) of 1 December 2022.

Last updated:
16 March 2023.

Categories
2022 Children and young people Deciding Body Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Germany Keywords Paris Agreement Private and family life Right to life Rights at stake State concerned Uncategorized Year

Engels, Steinmetz and Others v. Germany (1 BvR 188/22)

Summary:

Following the Neubauer v. Germany case, nine teenagers and young adults brought an application to the European Court of Human Rights complaining that the new objectives of the German Climate Protection Act, as amended after the judgement of the the German Federal Constitutional Court and entered into force on 31 August 2021, are insufficient to reduce greenhouse gas emissions to the level necessary for meeting the Paris Agreement temperature goals (well below 2 degrees Celsius above pre-industrial levels) and that this would violate Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention of Human Rights.

Domestic proceedings:

On 24 June 2022 it was announced that the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) had refused to hear a case following up on its groundbreaking Neubauer judgment of 24 March 2021. This follow-up litigation was brought by nine young people, who sought a further strengthening of German climate protection policy with the support of the NGO Deutsche Umwelthilfe. The applicants, who were aged 13 to 26 at the time of filing, were previously involved in the Neubauer case, where the BVerfG found that German climate policy posed a threat to the fundamental freedoms of future generations. In this follow-up case, they sought a judgment from the BVerfG demanding faster and more effective climate protection measures.

After the Neubauer judgment, the German government changed the German Federal Climate Change Act of 12 December 2019 (Bundes-Klimaschutzgesetz – KSG) governing national climate targets and the emissions allowed annually to provide for higher levels of mitigation action.In this case, the applicants argue that the new version of the KSG still does not guarantee that Germany will meet its Nationally Determined Contributions (NDCs) under the Paris Agreement, and that it therefore does not ensure the limitation of anthropogenic climate change to the Paris Agreement’s target of 1.5 degrees. The applicants argue that the revised KSG reduces emissions by only about 6.5 percent by 2030, and draw on IPCC reports showing that the 1.5-degree target could be exceeded in around ten years’ time.The legal argumentation brought forward here was similar to that in Neubauer. The applicants argued that their fundamental freedoms are under threat, and invoked Article 20a of the German Basic Law (Grundgesetz).

Decision:
In an unreasoned decision, the BVerfG refused to accept this case for decision on 25 May 2022.

Application to the ECtHR:
Counsel in the case, together with the NGO Deutsche Umwelthilfe, announced that they would take this case the European Court of Human Rights (ECtHR) in Strasbourg. A corresponding application was lodged before the Court in September 2022 and received application number 46906/22. The Court then adjourned the case pending the outcome of the three climate cases pending before its Grand Chamber (Verein Klimaseniorinnen Schweiz and Others v. Switzerland (no. 53600/20), Carême v. France (no. 7189/21) and Duarte Agostinho and Others v. Portugal and 32 Others (no. 39371/20)).

More information:
The decision by the German Bundesverfassungsgericht has not yet been published. For reporting on the case, see LTO.

Part of the application made to the ECtHR has been made public by the NGO Deutsche Umwelthilfe, which is supporting the applicants, here (in German). This document contains the supplementary argumentation appended to the standardized application form.

Suggested citation:
German Bundesverfassungsgericht, Judgment of the First Senate of 25 May 2022 – 1 BvR 188/22.

European Court of Human Rights, Engels v. Germany (no. 46906/22), filed in September 2022 (not yet communicated).

Last updated:

1 August 2023

Categories
Climate activists and human rights defenders European Court of Human Rights Right to assembly and association Right to freedom of expression Switzerland

Lausanne Action Climate v. Switzerland

Summary:

On 5 November 2021, four climate activists submitted an application to the European Court of Human Rights challenging the Swiss Federal Supreme Court’s dismissal of their appeals of criminal convictions concerning the occupation of the premises of the Lausanne branch of Credit Suisse bank in 2018. The applicants invoked the right to freedom of expression and freedom of assembly in Articles 10 and 11 ECHR.

On November 22, 2018, twelve activists occupied the bank’s lobby for one hour. Disguised as Roger Federer, the bank’s ambassador, they engaged in a wild game of tennis to denounce the banking giant’s investments in fossil fuels and urge the tennis star to terminate his sponsorships deals with CS. The applicants were charged with trespassing and acquitted at first instance, but later found guilty on appeal by the Public Prosecutor of the canton of Vaud. The applicants invoked a provision in the Swiss Penal Code with permits illegal actions under certain conditions, i.e. under conditions of lawful necessity given imminent danger. The Swiss Federal Supreme Court did not agree with this argumentation, noting that the activists also had legal methods at their disposal in order to draw attention to the climate crisis.

Context:

Although it has not yet specifically considered the right to protest or to civil disobedience in the context of climate change, the European Court of Human Rights has extensive case-law on the rights to freedom of expression and freedom of assembly. For example, in the case of Bumbeș v. Romania, it found a violation of these rights when an activist was fined for handcuffing himself to a government car park barrier in protest against a mining project. Here, the Court noted that, while States have a margin of appreciation in this context, the imposition of sanctions in response to political expression can have a chilling effect on public speech.

More information:

The application form in this case has not been made publicly available, and the ECtHR has yet to communicate the case. More information will be added here as it becomes public.

Notably, because it is different in focus from the mitigation cases pending before the ECtHR as of early 2023, this case had not been adjourned awaiting a ruling in the Grand Chamber’s three climate cases, as had seven other pending climate cases.

For media reports on this case, click here and here (in French) and here (in English).

Last updated:

17 March 2023

Categories
Access to a remedy Austria Children and young people Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights France Gender / women-led Italy Non-discrimination Norway Paris Agreement Portugal Private and family life Right to life Switzerland Turkey

De Conto and Uricchio v. Italy and 32 other States

Summary:
In 2021, two further cases in the style of the Duarte Agostinho application were brought before the European Court of Human Rights, this time by two young people from Italy. The cases were brought against 33 Council of Europe Member States, and refer to storms, forest fires and heat waves experienced by the applicants, as well as associated physical and psychological distress. The applicants, two women aged 18 and 20 at the time of filing, invoked Articles 2, 8, 13 and 14. They made arguments about the positive obligations to protect against environmental harm under Articles 2 and 8 ECHR, discrimination against younger generations, and a lack of access to effective domestic remedies given the excessive burden of being required to bring domestic proceedings in 33 States.

The application forms in these cases have not been made publicly available, and the cases had not yet been communicated by the Court at the time of writing. It had been announced, however, that the cases have been adjourned pending the outcome of Grand Chamber proceedings in three other climate cases (see the following section). More information on the cases will be published as it becomes available.

Status of case:

Adjourned until the Grand Chamber has ruled in the climate change cases pending before it (see the ECtHR’s press release here).

Suggested citation:

ECtHR, De Conto v. Italy and 32 other States, application no. 14620/21, submitted on 3 March 2021.

ECtHR, Uricchio v. Italy and 32 other States, application no. 14615/21, submitted on 3 March 2021.

More information (via climatecasechart.com):

On the De Conto case.

On the Uricchio case.

Last updated:

15 March 2023.

Categories
2022 Austria Belgium Cyprus Denmark European Court of Human Rights France Germany Greece Luxembourg Private and family life Right to life Sweden Switzerland The Netherlands The United Kingdom

Soubeste and 4 other applications v. Austria and 11 other States

Summary:
On 21 June 2022, it was reported that an application had been filed at the European Court of Human Rights concerning membership in the Energy Charter Treaty of 1994 (ECT), which entered into force in 1998. The case was brought by five young people, aged between 17 and 31, who allege that the 12 respondent States’ membership of the ECT stymies climate action, thereby violating their rights under Articles 2 (right to life) and 8 (right to respect for private and family life) ECHR.

It was further reported that the 12 respondent States in this case are Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, Luxembourg, Netherlands, Sweden, Switzerland and Britain. In these States, corporate actors in the fossil fuel sector can bring legal action against the respective governments for losses of profits due to energy-related measures, thereby raising the costs of the green energy transition or making it illusory. The applicants argue that their Convention rights have been violated as a result.

In this regard, the IPCC pointed out in Chapter 14 of Working Group III report in the Sixth Assessment Cycle in 2022 (available here) that “bilateral and multilateral agreements, including the 1994 Energy Charter Treaty, include provisions for using a system of investor-state dispute settlement (ISDS) designed to protect the interests of investors in energy projects from national policies that could lead their assets to be stranded. Numerous scholars have pointed to ISDS being able to be used by fossil-fuel companies to block national legislation aimed at phasing out the use of their assets”. It also noted that “international investment agreements may lead to ‘regulatory chill’, which may lead to countries refraining from or delaying the adoption of mitigation policies, such as phasing out fossil fuels”.

Status of case:

Adjourned until the Grand Chamber has ruled in the climate change cases pending before it (see the ECtHR’s press release here).

Suggested case citation:

European Court of Human Rights, Soubeste and 4 other applications v. Austria and 11 other States (nos. 31925/22, 31932/22, 31938/22, 31943/22, and 31947/22), application filed on 21 June 2022 (not yet communicated).

Last updated:

15 March 2023

Categories
2022 Emissions reductions/mitigation European Court of Human Rights France Private and family life Right to life

Carême v. France

Summary:
On 7 June 2022, the European Court of Human Rights announced the relinquishment of an application against France concerning the municipality of Grande-Synthe to the Court’s Grand Chamber. The applicant in this case, in his capacity as mayor of the municipality of Grande-Synthe, was originally involved in the Grande-Synthe case, but the Conseil d’État held on 19 November 2020 that, unlike the municipality itself, Mr Carême could not prove that he had an interest in bringing proceedings.

This is the second climate case to reach the Court’s Grand Chamber, after the Klimaseniorinnen application. The case was lodged on 28 January 2021, and the Grand Chamber held a public hearing in this case on 29 March 2023, making it the second climate case to be heard by the Court (after KlimaSeniorinnen).

Before the Court, the applicant is arguing that France’s insufficient climate change mitigation measures have violated his rights to life (Article 2 ECHR) and to respect for private and family life (Article 8 ECHR). The Court summarized the applicant’s complaint as follows:

The applicant submits that the failure of the authorities to take all appropriate measures to enable France to comply with the maximum levels of greenhouse gas emissions that it has set itself constitutes a violation of the obligation to guarantee the right to life, enshrined in Article 2 of the Convention, and to guarantee the “right to a normal private and family life”, under Article 8 of the Convention. In particular, the applicant argues that Article 2 imposes an obligation on States to take the necessary measures to protect the lives of persons under their jurisdiction, including in relation to environmental hazards that might cause harm to life. Under Article 8 he argues that by dismissing his action on the grounds that he had no interest in bringing proceedings, the Conseil d’État disregarded his “right to a normal private and family life”. He submits that he is directly affected by the Government’s failure to take sufficient steps in the combat against climate change, since this failure increases the risk that his home might be affected in the years to come, and in any event by 2030, and that it is already affecting the conditions in which he occupies his property, in particular by not allowing him to plan his life peacefully there. He adds that the extent of the risks to his home will depend in particular on the results obtained by the French Government in the prevention of climate change.

The Court’s press release on this case can be found here. Further information on the Court’s approach to these cases can be found here.

Further reading:
For a comment on this case, see Marta Torre-Schaub’s post on Verfassungsblog.

Webcast of the hearing:
To watch a webcast recording of the public hearing in this case, which was held before the Grand Chamber of the European Court of Human Rights on 29 March 2023, click here (available in French and English).

Suggested citation:
ECtHR, Carême v. France, no. 7189/21, filed on 28 January 2021, relinquished to the Grand Chamber on 31 May 2022.

Last updated:
29 March 2023

Categories
2021 Access to a remedy Children and young people Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Non-discrimination Norway Private and family life Right to life

Greenpeace Nordic and Others v. Norway

Summary:
This case was the fourth climate change case brought to the European Court of Human Rights. It was brought by six young Norwegian climate activists aged between 20 and 27, along with two organisations, who allege that their members’ lives, health and well-being are being directly affected by the escalating climate crisis. The six individual applicants also allege that, as young people, they are being disproportionately affected by the climate crisis.

The application concerns the Norwegian State’s decision to license continuing exploration for oil and gas in new areas of the Arctic (Barents Sea), and its intention to bring new fossil fuels to market after 2035. The applicants argue that the best available science shows that the emissions from known reserves of fossil fuels will already exceed the carbon budget that remains given the 1.5°C temperature target set in the Paris Agreement.

Citing the seriousness and urgency of the climate crisis, the applicants allege that the respondent State has failed to take the precautionary measures of prevention and protection required under Articles 2 and 8 ECHR (the right to life and the right to respect for private and family life, respectively). They furthermore allege a breach of the prohibition of discrimination in Article 14 ECHR. during the domestic court proceedings, as well as a violation of the right of access to an effective domestic remedy under Article 13 ECHR.

The applicants sought the application of the Court’s priority policy under Rule 41 of the Rules of Court.

Domestic proceedings and the reasoning of the Norwegian Supreme Court:
This case is a follow-up from domestic proceedings that were concluded by a judgment in favour of the State that was issued by the Norwegian Supreme Court on 22 December 2020.

In 2016, the two applicant organisations brought a case against the State’s decision to grant 10 licences in the Barents Sea. On 22 December 2020, the Norwegian Supreme Court ruled that this decision did not violate the right to a healthy environment under Article 112 of the Norwegian Constitution. It also found no violation of the ECHR. While it did find that climate impacts should have been assessed, it held that this could be remedied at the development stage (after the licences in question had been issued).

The Norwegian Supreme Court considered that there had been no violation of the ECHR in this case because that Convention only applies to “direct and immediate” environmental harms. Although the Supreme Court considered Articles 2 and 8 ECHR and referred to the pending Duarte Agostinho case in its oral ruling, it considered that the case-law as it stood at the time of decision had not been contravened.

Regarding Article 2 ECHR, the Supreme Court held that this only applies to real and immediate risks of loss of life. The question before the Supreme Court, it argued, was the issue of a sufficient link between the domestic administrative decisions and the risk of a loss of life. It considered that it was not clear whether the decisions would in fact lead to emissions, and the threat concerned was in the future.

Regarding Article 8 ECHR, the Court held that this did not cover every harm to the environment, that an impact had to be “direct and immediate” also here, and that efforts by the Committee of Ministers to add a separate right to a healthy environment to the ECHR had failed.

The Supreme Court also considered that the Dutch Urgenda judgment was not comparable to the case at hand, because that case concerned already-established climate targets, and not the possible invalidity of an administrative decision.

Submissions before the Court in greater detail:
The applicants argue that there is a real and serious risk to their lives and well-being, and to their ability to enjoy their private life, family life and home. They submit that the Norwegian State has failed to adopt the necessary and appropriate measures to address this risk, and that it has failed to describe and assess the total climate effects, including exported emissions, of continued and expanded extraction of oil and gas from the Arctic, thereby also violating the applicants’ rights.

The six individual applicants submit that they have experienced climate anxiety, emotional distress and great worry about the
current and imminent risks of serious climate harms, and the impact on their lives, life choices, and the lives of future generations. They refer to mental health literature, which increasingly draws attention to such concerns, described in the application as “pre-traumatic stress.”

The applicants note that, under current climate policies, the average temperature in Norway is expected to rise by more than 5.5 degrees Celsius by 2100. There has already been an increase in extreme rainfall events, flooding and landslides. Future impacts will include increased risk of drought and forest fire-inducing thunderstorms, changes to flood systems, sea level rise and ocean acidification.

The applicants note that there is a significant difference between planned fossil fuel extraction and Norwegian climate goals. The applicants submit that State representatives stated before the Norwegian Supreme Court that Norway will continue to produce and export petroleum as long as there are buyers. They note that Norway is the 7th largest exporter of emissions in the world, and the 3rd largest per capita, behind Qatar and Kuwait. There is no system in place to declare, assess, calculate, or reduce exported emissions from fossil fuels extraction projects, nor the exported emissions from oil and gas extraction overall.

Claims made:
On victim status, the applicants allege that the licencing of fossil fuels extraction is too complex for individuals and young people to challenge alone. The organisations in question are not only better suited to challenge such decisions, but they also claim to represent future generations.

The applicants allege Articles 2 and 8 have been violated because of the presence of a real, immediate and serious risk to these rights, of which the State had actual or putative knowledge and regarding which it failed to adopt reasonable and appropriate preventative measures. They invoke the principle of prevention, and argue that the State must adopt a legislative and administrative framework designed to provide effective deterrence against threats to the right to life. They argue that an unequal burden has been placed on younger generations, and those unborn. The applicants argue that the threats against their rights are ongoing since temperature increase cannot be reversed and the authorities must act immediately to prevent the harms in question.

Under Article 13, the applicants argue that the Norwegian courts did not assess the merits of the Convention claims in full and based on ECtHR case law.

Under Article 14, they argue there are disproportionately prejudicial effects on a particular group, citing the factors of young age and the fact that two of the individual applicants are members of the indigenous Sami minority, whose traditions, land and resources are negatively impacted. Due to their age, the young applicants, it is submitted, had no opportunity to participate in the relevant decision-making while at the same time having to shoulder a heavier burden concerning the long-term consequences of the acts and omissions in question.

Date filed:
15 June 2021

Date communicated:
6 January 2022 (press release).

Adjudicating Body:
European Court of Human Rights

Status of case:
It had been announced that the case has been adjourned pending the outcome of Grand Chamber proceedings in three other climate cases (see the ECtHR’s press release here). More information on the case will be published as it becomes available.

Suggested case citation:
ECtHR, Greenpeace Nordic and Others v. Norway, no. 34068/21, communicated on 16 December 2021.

Link to the text of the application: click here

Last updated:
13 March 2023

Categories
Access to a remedy Austria Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Fair trial Paris Agreement Private and family life Right to life Victim status Vulnerability

Mex Müllner v. Austria

Summary:
On 25 March 2021, a yet-uncommunicated application was filed before the European Court of Human Rights concerning the impact of climate change (specifically, temperature increases) on an applicant suffering from temperature-sensitive multiple sclerosis and Uhthoff’s syndrome. The applicant alleges a violation of his rights under Article 8 ECHR by the failure by the Austrian government to set effective greenhouse gas emissions reduction measures.

The applicant alleged in particular that, at temperatures above 25 degrees Celsius, he is no longer able to walk, and that above 30 degrees Celsius, he loses complete control over his muscular movement. The applicant alleged that, by failing to sufficiently reduce its emissions to meet the goals set out in the Paris Agreement, the respondent State had not only made it impossible to meet the 1,5 degree Celsius warming target set out therein, but had even actively taken measures to exacerbate the climate crisis, including through subsidies and incentives. The applicant also alleged that the domestic State’s legal system systemically impeded him from challenging the climate policies at stake, and the government’s inaction in this regard. This, he submitted, reflects a systemic deficit in the domestic legal system, making it impossible to challenge inaction by the State.

He invoked the right to respect for private and family life in Article 8 ECHR, and subsidiarily the right to life in Article 2 ECHR, as well as the rights to access to a remedy and fair trial in Articles 13 and 6 ECHR.

This case has not yet been communicated by the Court at the time of writing. It had been announced, however, that the case has been adjourned pending the outcome of Grand Chamber proceedings in three other climate cases (see the following section). More information on the case will be published as it becomes available.

Status of case:
Adjourned until the Grand Chamber has ruled in the climate change cases pending before it (see the ECtHR’s press release here).

Suggested case citation:
ECtHR, Mex Müllner v. Austria, application no. 18859/21, filed on 25 March 2021 (not yet communicated).

Links:
For the last-instance domestic judgment in this case, see here: https://www.vfgh.gv.at/downloads/VfGH_Beschluss_G_144_2020_vom_30._September_2020.pdf

For the full text of the application to the Court, see here: https://www.michaelakroemer.com/wp-content/uploads/2021/04/rechtsanwaeltin-michaela-kroemer-klimaklage-petition.pdf

For more information on the case from Fridays for Future Austria, see here.

For a statement from the applicant’s lawyer, Michaela Kroemer, see here.

Last updated:
16 March 2023.

Categories
Elderly Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Fair trial Gender / women-led Keywords Margin of appreciation Paris Agreement Private and family life Right to life Switzerland Victim status

Verein KlimaSeniorinnen et al. v. Switzerland

Summary:
In 2016, the Senior Women for Climate Protection Switzerland (German: ‘Verein KlimaSeniorinnen’), a Swiss organisation, brought proceedings concerning the alleged omissions of the Swiss federal government to adopt an adequate climate protection policy. They submitted that current domestic climate targets and measures are not sufficient to limit global warming to a safe level. This failure to prevent climate-related disasters, they argue, represents a failure to protect the enjoyment of the rights under Articles 2 and 8 ECHR (the rights to life and respect for private and family life, respectively) of the organization’s members. The applicants also invoke two procedural rights under the Convention, namely the rights in Articles 6 and 13 ECHR (right to a fair trial and right to an effective remedy, respectively).

These claims were rejected by the domestic instances at three levels of jurisdiction. The Swiss Federal Supreme Court, in its ruling, considered that the case represented an actio popularis, concerned questions better suited to the political arena, and did not raise an arguable claim of a rights violation.

This case was only the second climate change-related case to come to Strasbourg. Like the Duarte Agostinho case, this application raises novel questions before the Court, including the issue of victim status in climate cases, the standing of (environmental) NGOs to bring cases to the Court, and the extent of the State margin of appreciation in regard to environmental protection measures related to climate change, and the extent of the positive obligation to protect individuals from the risks to their life and health posed by climate change.

Third-party interventions:
There have been an unusually large (for the ECtHR) number of third party interventions in this case: 23 in total. The KlimaSeniorinnen association has provided copies of all of the third-party interventions; these are available here. Some of the third-party interveners will also appear during the oral hearing before the Grand Chamber.

Admissibility:

Pending

Merits:

Pending

Remedies:

Pending

Separate opinions:

Pending

Implementation measures taken:

N/A

Date of decision:

Pending

Type of Forum:

Regional

Status of case:

This case was communicated to the respondent State, Switzerland, on 17 March 2021. On 26 April 2022, a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber, held a public hearing in this case on 29 March 2023. A webcast of the hearing is available here.

Grand Chamber hearing:

This was the first climate case heard by the European Court of Human Rights, followed immediately by the Carême v. France case. The Court has adjourned its examination of six other climate cases until the Grand Chamber has ruled in the three climate change cases before it, meaning that leading judgments clarifying the Convention obligations around cliamte change can be expected in these cases.

During the hearing, submissions were heard from the applicants, the respondent State, and two of the 23 total third-party interveners (the Government of Ireland & the European Network of National Human Rights Institutions (ENNHRI). A live summary of the hearing is available here.

Suggested case citation:

ECtHR,Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, no. 53600/20, Communicated Case, 17 March 2021, relinquishment to the Grand Chamber on 26 April 2022.

Links:

Webcast of the hearing:

To watch a webcast recording of the public hearing in this case, which was held before the Grand Chamber of the European Court of Human Rights on 29 March 2023, click here (available in French and English).

Last updated:

5 October 2023