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Elderly Emissions reductions European Convention on Human Rights European Court of Human Rights Fair trial 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.

Third-party interventions:
There have been several third party interventions in this case.

For the full text of the joint intervention by the International Commission of Jurists (ICJ) and the Swiss Section of the International Commission of Jurists (ICJ-CH), click here.

For the full text of the third-party intervention submitted by the European Network of National Human Rights Institutions (ENNHRI), click here.

For the seven other third party interventions filed in the case, click here.

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:

Communicated to the respondent State on 17 March 2021

Suggested case citation:

ECtHR,Verein Klimaseniorinnen Schweiz and Others v. Switzerland, no. 53600/20, Communicated Case, 17 March 2021

Links:

Categories
2018 Biodiversity Domestic court Emissions reductions Imminent risk Margin of appreciation Nepal Paris Agreement Right to a healthy environment Right to health Right to life Right to subsistence/food

Padam Bahadur Shrestha v. Office of Prime Minister and Others

Facts of the case:

The petitioner, Padam Bahadur Shrestha had applied to the concerned authorities in Nepal to enact a separate law on climate change in August 2018, but did not receive a response. He thus filed a petition with the Supreme Court of Nepal alleging that the situation in Nepal that is marked by absence of a special climate change legislation, inadequacies in existing environmental legislation in addressing climate change, and poor implementation of the State’s climate change policy suffices to establish a violation of the right to life, right to live in a healthy and clean environment, right to health care and right to food found in Articles 16, 30, 35, and 36 of the Nepali Constitution.

Date of decision:

25 December 2018

Court’s decision:

The Supreme Court of Nepal found that an amendment to the existing laws and introduction of a new consolidated law that addresses climate change was necessary and issued detailed directions on what features the new law must contain. It based this order on the reasons that such would facilitate Nepal’s compliance with its obligations under international law, including the Paris Agreement and that climate mitigation and adaptation directly concern fundamental rights including the right to life, right to have nutritious food and the right to a clean environment. It further held that although the Environmental Protection Act of 1997 addressed environmental protection along the dimension of climate change, its provisions were inadequate regarding climate change mitigation and adaptation.

Status of the case:

Decided.

Suggested case citation:

The Supreme Court of Nepal, Padam Bahadur Shreshta v Office of the Prime Minister and Others, NKP, Part 61, Vol. 3, judgment of 25 December 2018.

Case documents:

For the judgment of the Supreme Court of Nepal (in Nepali), click here.

For an unofficial English translation of the judgment (authored by Hardik Subedi), click here.