Categories
Adaptation Domestic court France Paris Agreement Private and family life Right to life Vulnerability

Urgence Maisons Fissurées Sarthe et al. v. France

Summary:
On 7 April 2025, a group of five individuals litigants and nine civil society organisations presented a request for adaptation measures to the French authorities. Building on GHG emissions reductions litigation, including the ECtHR’s 2024 KlimaSeniorinnen case, this legal action seeks adaptation measures by the French government. The litigants, who are supported by Oxfam France, Notre Affaire à Tous, and Greenpeace France, seek a revision of the third National Plan for Adaptation to Climate Change (PNACC 3) and, more broadly, the adoption of any useful measures to ensure or reinforce France’s adaptation to the effects of climate change. The action argues that the State has a general obligation to take adaptation measures, which must be aimed in particular at strengthening adaptive capacities, increasing resilience to climate change and reducing vulnerability to such change (I.A), and by sectoral and cross-cutting obligations (I.B).

This obligation, they argue, flows not only from domestic constitutional law, but is also clarified and reinforced by international and EU law (including the UNFCCC and the Paris Agreement) and by the law of the Council of Europe, specifically the European Convention on Human Rights. This instrument, they argue, drawing on the ECtHR’s recently climate case-law and its broader environmental jurisprudence and focusing particularly on the right to respect for private and family life (Art. 8 ECHR) and the right to life (Art. 2 ECHR), obliges the State to put in place an appropriate legislative and regulatory framework to effectively protect human life and health against the risks and consequences of climate change. It also requires the State to take preventive measures of a practical nature, in order to protect citizens whose lives may be at risk, and to mitigate the most serious consequences of climate change. And, finally, it requires the State to ensure the effective application of the framework and of the adaptation measures thus put in place, on the basis of the best available science. Reiterating long-standing case-law of the ECtHR, the litigants argue that the French state has an obligation to take all necessary measures to limit exposure to natural risks resulting from climate change, and to ensure that those affected are informed of the existence of such risks.

The action began as a request addressed to the state, which is a procedural requirement under French law before bringing a case to the Council of State (Conseil d’État). If the state responds in an unsatisfactory way or not at all, the case can be then be taken to the Council of State.

Last updated:
7 July 2025.

Categories
Domestic court Emissions reductions/mitigation European Convention on Human Rights Fair trial Farming Just transition litigation Paris Agreement Private and family life Right to development and work Right to health Right to life Right to property Separation of powers Standing/admissibility Switzerland Uncategorized Victim status Vulnerability

Uniterre et al. v. Swiss Department of the Environment (Swiss Farmers Case)

Summary:
On 5 March 2024, a group of nine individual Swiss farmers, along with 5 associations representing farming-related interests, submitted a request to the Swiss Department of Environment, Transport, Energy and Communication (DETEC), demanding enhanced governmental action to protect them against the impacts of climate change. Noting increasing summer drought periods that particularly impact their human and constitutional rights and livelihoods, they alleged inadequacies in the existing Swiss climate policy response. In doing so, they submitted that:

As farmers and as associations defending the interests of farmers, the Petitioners and Petitioner Associations are particularly affected by climate change, which infringes their fundamental rights. It affects their harvests and jeopardizes the viability of their farms. Climate disruption has been encouraged by the Authority’s climate inaction. This serious negligence on the part of the Authority now justifies the filing of the present petition (translated from the original French).

Response by DETEC:
On 20 September 2024, DETEC rejected the petitioners’ request, finding that the alleged omissions did not impact the individual petitioners more intensely than other segments of the population, meaning that they lacked an interest worthy of protection, as well as standing. The same result was reached concerning the five petitioning associations (which are Uniterre, Kleinbauern-Vereinigung, Biogenève, Schweizer Bergheimat and Les jardins de cocagne).

The request to DETEC was made pursuant to Art. 25a of the Swiss Federal Administrative Procedure Act (APA), requesting that the government (and more specifically DETEC) should refrain from the alleged unlawful acts impacting the petitioners’ human and constitutional rights and livelihoods. Art. 25a APA provides that:

In other words, Art. 25a APA allows persons whose rights or obligations are impacted by ‘real acts’ of the federal authorities to seek a (subsequently legally contestable) ruling concerning the situation. This approach has been used by climate litigants to contest policy lacunae given that constitutionality review of existing federal legislation is not possible under Swiss Constitutional law. A similar request was the starting point of the landmark KlimaSeniorinnen case that was ultimately decided upon by the European Court of Human Rights (ECtHR) in 2024.

However, and much like the KlimaSeniorinnen association and its members, the present petitioners did not succeed with their request to DETEC. On 20 September 2024, DETEC rejected their request. Uniterre, one of the petitioning associations, argued that DETEC had thereby ignored the ECtHR’s KlimaSeniorinnen judgment, which established that there were access to justice issues for climate applicants in Switzerland by finding a violation of the right to a fair trial (Art. 6 of the European Convention on Human Rights (ECHR)).

DETEC’s reasoning did note the KlimaSeniorinnen judgment. First, it argued that the ECtHR had not considered recent developments in Swiss climate policy, emphasizing that Switzerland had a “long history of climate policy” and had only “barely” missed its 2020 national emissions reductions target. DETEC also noted the domestic findings in the KlimaSeniorinnen case, where Swiss courts had left open the question of whether the applicant association in that case had standing. It did not, in doing so, mention the later ruling of the ECtHR, which found that the conduct of these domestic proceedings and particularly the domestic instances’ treatment of the association’s standing claim had violated fair trial rights. Instead, it relied only on the reasoning of the domestic instances in KlimaSeniorinnen to find that the plaintiffs in the present case did not have a sufficient interest to seek legal protection given that they had failed to demonstrate “how they are more affected by the material acts of which DETEC is accused than the rest of the agricultural world, or other economic sectors that may be impacted by global warming (forestry, fishing, etc.), or other groups of people (children, pregnant women, the elderly, etc.). Nor do the individual Claimants establish for each of them that a particular level and severity of damage is likely to be caused by climate change.” (translated from the original French). DETEC found that “what is at stake in the application is the protection of the community as a whole, and not just of individuals, so that it is akin to a form of actio popularis [meaning] that the individual applicants are pursuing public interests that cannot justify victim status.”

Concerning the standing of associations, DETEC noted that the Swiss federal executive had “rejected the extension of associations’ right of appeal to include climate issues, as set out by the European Court of Human Rights [in KlimaSeniorinnen]”. It also noted that the associations did not pursue the specific goal of defending the fundamental rights of their members or other affected individuals in Switzerland, and that alleging that they did do so would be impossible because the associations in question “were all created before the global awareness of the threat of anthropogenic global warming, and therefore before the adoption of the UNFCCC in 1992.”

Overall, DETEC found that while it could not rule out “that the State’s material acts (actions or omissions) in the field of climate change are in principle capable of producing sufficient effects on the Petitioners to affect the right to protection of private and family life, the right to protection of the home guaranteed by art. 13 para. 1 Cst. as well as the guarantee of property (art. 26 Cst.) and economic freedom (art. 27 Cst.) [and] that Switzerland can, in a global context, have an influence on global warming, the fact remains that it is too small to have a decisive influence in this area, in the sense that there is no direct causal link between the actions or omissions of Switzerland and the effects of global warming, the latter being marked above all by the major industrial powers” (translated from the original French). This meant that “Switzerland’s material actions, while morally and politically relevant, have only a marginal effect on global climate change”.

Case before the Swiss Federal Administrative Tribunal:
On 23 October 2024, the plaintiffs challenged the DETEC decision before the Swiss Federal Administrative Tribunal. They invoked four main grounds for appeal, namely that:

  • By ignoring the ECtHR’s KlimaSeniorinnen ruling, the decision violates federal law, the principle of the separation of powers and the binding force of judgments of the ECtHR (art. 46 ECHR). In particular, the applicants argue that the federal executive has undermined judicial oversight “by arrogating to itself the right to emancipate itself from judicial control”.
  • DETEC’s actions and omissions are contrary to law, as is clear from the KlimaSeniorinnen ruling.
  • The (individual) appellants have standing to bring an action, contesting DETEC’s arguments about the limited impact of Swiss emissions on a global scale and arguing that there is no right to “l’égalité dans l’illégalité”. They emphasized the economic losses and health impacts facing the appellants, with impacts on several fundamental rights, and argued that the refusal to recognize the affectedness of the applicants represented a denial of access to justice and a violation of the right to a fair trial as enshrined in domestic law and Article 6 ECHR.
  • The appellant associations have standing as parties, and DETEC’s refusal to follow the case-law of the European Court of Human Rights (KlimaSeniorinnen) in this regard had violated fair trial and access to justice entitlements enshrined, among others, in Art. 6 ECHR. The ECtHR had not required associations’ statutes to explicitly mention fundamental rights protection. Furthermore, the statutes and aims of the five associations all related to protecting smallholder, sustainable and/or biological farming, with one association (Uniterre) explicitly pursuing the protection of the human rights of peasants and other rural workers as recognized in the 2018 UN Declaration on the Rights of Peasants (UNDROP).

The plaintiffs sought orders to the effect that:

  • An expert study should be commissioned concerning the contribution of climate change to worsening drought in Switzerland and reducing agricultural productivity;
  • The government should be ordered to take every measure needed to avoid negative climate impacts and contribution to chronic drought on Swiss territory, abstain from actions causing corresponding impacts, and take every measure capable of reducing or eliminating the impacts of climate change, chronic drought, and the rights violations complained of.
  • A violation of the right to life (Art. 10 of the Swiss Constitution/Art. 2 ECHR), the right to private life (Art. 13 of the Swiss Constitution/Art. 8 ECHR), the right to property (Art. 26 of the Swiss Constitution, Switzerland not having ratified the first additional protocol to the ECHR that enshrines this right), and the right to economic liberty (Art. 27 of the Swiss Constitution) had taken place.
  • A violation of the climate objectives and environmental protection requirements enshrined in domestic legislation had taken place, insufficient measures had been taken to ensure respect for the Paris Agreement, and overall the sum of the action taken with a direct or indirect impact on the climate had been insufficient.

Status of the case:
Pending before the Swiss Federal Administrative Tribunal.

Case documents:
The full text of the initial request as submitted to the Swiss Department of the Environment, Transport, Energy and Communication (DETEC) is available below, as made available by Advocat.e.s pour le Climat (in French).

The DETEC decision is available below.

The full text of the appeal to the Federal Administrative Tribunal is available below.

Further reading:

  • More information on the case is available via SwissInfo.
  • See also the comment by Charlotte E. Blattner, Robert Finger & Karin Ingold in Nature.

Suggested citation:
Swiss Federal Administrative Court, Uniterre et al. v. Swiss Department of the Environment (Swiss Farmers Case), case filed 23 October 2024 (pending).

Last updated:
2 June 2025.

Categories
Adaptation African Court on Human and Peoples' Rights Business responsibility / corporate cases Children and young people Children's rights/best interests Climate activists and human rights defenders Climate-induced displacement Deforestation Disability and health-related inequality Elderly Emissions reductions/mitigation Environmental racism Evidence Extreme poverty Farming Gender / women-led Human dignity Indigenous peoples rights Indigenous peoples' rights Loss & damage Minority rights Non-discrimination Paris Agreement Participation rights Private and family life Prohibition of torture Renewable energy Right to a healthy environment Right to assembly and association Right to development and work Right to education Right to freedom of expression Right to health Right to housing Right to life Right to property Right to subsistence/food Rights of nature Sea-level rise Self-determination Standing/admissibility Victim status Vulnerability

African Court on Human and People’s Rights Climate Advisory Opinion

Summary:
On 2 May 2025, a request for an advisory opinion on climate change was submitted to the African Court on Human and People’s Rights. The request was submitted by the Pan African Lawyers Union (PALU), in collaboration with the African Climate Platform, and other African Civil society Organizations including the Environmental Lawyers Collective for Africa, Natural Justice and resilient40, and seeks clarification of States’ obligations in the context of climate change.

Submitted under article 4 of the Protocol to the African Charter on Human and People’s Rights on the establishment of an African Court on Human and People’s Rights and Rule 82(1) of the Rules of the African Court on Human and Peoples Rights, the request submits that “[a]cross the continent, Africans are suffering the consequences of climate change, whether from rising temperatures, unrelenting droughts, catastrophic floods, vanishing biodiversity, or threats to livelihoods. Climate change in Africa has had prior, current and will have future consequences that impact the enjoyment of numerous rights.”

The request sets out impacts, disaggregating them region-by-region and in terms of the groups of people most affected by climate change (mentioning women and girls, children, the elderly, Indigenous peoples, and environmental human rights defenders in particular).

The request then goes on to discuss several issues of law, beginning with issues of admissibility and jurisdiction and then relying on a wide range of rights and instruments, namely:

  • a) the Constitutive Act of the African Union
  • b) the African Charter for Human and Peoples Rights (‘Banjul Charter’), especially articles 2, 3, 4, 5, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 60 and 61
  • c) African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)
  • d) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol)
  • e) The African Charter on the Rights and Welfare of the Child
  • f) The Revised African Convention on Conservation of Nature
  • g) Any other Relevant Instrument.

In doing so, PALU invites the Court to consider international climate change law, including the UNFCCC, the Kyoto Protocol and the Paris Agreement as well as the UN Conventions on Combatting Desertification and on Biological Diversity.

Rights invoked in more detail:
PALU submits that “a rights-based climate approach is needed to address the challenges posed by climate change” and that the human rights framework “provides a robust legal framework upon which the Court may rely to define States’ responsibilities and duties in the context of climate change […] because the Charter clearly provides for collective rights and the explicit protection of the right to a healthy environment.” PALU accordingly invites the Court to consider the following provisions of the Banjul Charter:

  • Articles 2 and 3 (equality and non-discrimination)
  • Article 4 (right to life and inviolability of the human person)
  • Article 5 (right to respect for dignity and prohibition of all forms of exploitation and degradation, including slavery and torture)
  • Article 8 (freedom of conscience and religion)
  • Article 9 (freedom of information and opinion)
  • Article 10 (freedom of association)
  • Article 11 (freedom of assembly)
  • Article 12 (freedom of movement, residence and asylum; prohibition of mass expulsion)
  • Article 14 (right to property)
  • Article 16 (right to health)
  • Article 17 (right to education)
  • Article 18 (protection of the family, prohibition of age and gender discrimination)
  • Article 19 (equality of peoples, prohibition of domination)
  • Article 20 (right of peoples to existence and self-determination)
  • Article 21 (right of peoples to freely dispose of their wealth and natural resources)
  • Article 22 (right of peoples to their economic, social and cultural development)
  • Article 23 (right of peoples to national and international peace and security)
  • Article 24 (right of all peoples to a general satisfactory environment favorable to their development)
  • The request also discusses the implied rights to food and shelter.

Issues for determination:
PALU submits the following issues for determination by the Court (paraphrased):

(a) Whether the Court can be seized with the question of obligations concerning climate change under the Banjul Charter and other relevant instruments?

(b) Whether the Court can interpret and lay down applicable custom and treaty law regarding States’ obligations and duties in the context of climate change?

If these questions are resolved in the affirmative, the Court is invited to further determine:

(a) What, if any, are States’ human and peoples’ rights obligations to protect and safeguard the rights of individuals and peoples of the past (ancestral rights), and present and future generations?

(b) Whether States have positive obligations to protect vulnerable populations including environmental human rights defenders, indigenous communities, women, children, youth, future generations, the current generation, past generations, the elderly and people with disabilities from the impact of climate change in line with the relevant treaties?

(c) What human rights obligations do States have to facilitate a just, transparent, equitable and accountable transition in the context of climate change in Africa?

(d) What are the obligations of African States in implementing adaptation, resilience and mitigation measures in response to climate change?

(e) What, if any, are applicable human rights obligations of States to compensate for loss, damage and reparations?

(f) What responsibilities, if any, do African States have in relation to third parties, including international monopolies, multinational corporations and non-state actors operating on the continent, to ensure that international and regional treaties and laws on climate change are respected, protected, promoted and implemented?

(g) What, if any, is the nature of the obligations on African States to cooperate with other states especially historical emitters to limit global warming to below the 1.5°C threshold, to avert an existential climate crisis for present and future generations on the continent?

Further reading:
For more information on the advisory opinion request, see this post by Yusra Suedi.

Suggested citation:
African Court on Human and Peoples’ Rights, Request for an advisory opinion on the human rights obligations of African states in addressing the climate crisis, filed 2 May 2025 (pending).

Last updated:
23 May 2025

Categories
Climate-induced displacement Colombia Domestic court Farming Right to health Right to housing Right to life Right to subsistence/food Vulnerability

Mendoza Bohórquez and Librada Niño de Mendoza v. Colombia

Summary:
In 2021, this case was brought against several Colombian government agencies by two peasants from Saravena (Arauca), José Noé Mendoza Bohórquez and Ana Librada Niño de Mendoza. Previously, in 2015 and 2016, the plaintiffs had been displaced from their homes and crops by flooding of the Bojabá River. Several state entities denied the plaintiffs assistance as displaced persons because they were not listed in the Single Registry of Victims (RUV), which at the time included more than eight million people affected by violence in Colombia, because as environmentally displaced people they did not fall under the definition of victims of forced displacement in place at the time.

The plaintiffs filed a tutela action alleging the violation of their fundamental rights, including their rights to housing, food, life and personal safety. The court of first instance and the Superior Court of Bogotá found that the tutela action was inadmissible. However, in 2024, the Colombian Constitutional Court found that forced displacement due to a natural disaster should be considered to fall under the definition of internal forced displacement. It held that forced displacement in Colombia is not caused only by armed conflict, but also occurs due to environmental causes, such as flooding, volcanic eruptions or landslides. Having regard to the facts of the case — including the plaintiffs’ vulnerability, the fact that they were forced to abandon their home due to an environmental disaster, the devastation of their home and property, and the danger that it represented for their integrity and well-being (paras. 203-204) — the Court found that the plaintiffs’ rights were violated.

The Court found that the authorities had an obligation to apply a human rights-based approach and adopt structural measures in favor of persons affected by natural disasters. The Constitutional Court ordered Parliament to develop a regulatory framework to protect people displaced by environmental causes.

Notably, the ruling does not distinguish between displacement due to environmental causes and that due to climate change. Instead, it defines environment-induced displacement in para. 58 of its judgment as “forced internal displacement due to disasters, events associated with climate change and environmental degradation”.

Full text of the Constitutional Court ruling:

The full text of the ruling can be found here or downloaded below.

More information on the case:
For more information on the case, see this post by Zoé Briard in the blog of the UCLouvain’s Centre Charles De Visscher.

For reporting on the case (in Spanish), see El Pais.

Suggested citation:
Constitutional Court (Colombia), Mendoza Bohórquez and Librada Niño de Mendoza v. Colombia, 16 April 2024, Case T-123.

Last updated:
29 November 2024.

Categories
Children and young people Domestic court Elderly Emissions reductions/mitigation European Convention on Human Rights Ireland Private and family life Right to life Vulnerability

Community Law and Mediation Centre and others v. Ireland

Summary:
In September 2024, an Irish NGO — the Community Law and Mediation Centre (CLM) — and three individual plaintiffs were granted leave to proceed with a climate case against the Irish government. The plaintiffs argued that the government’s Climate Action Plan 2024 (CAP24) violated legislative targets as set out in the Climate and Low Carbon Development Act 2015, did not comply with the country’s carbon budget, and violated the fundamental rights of the three individual plaintiffs — who are, respectively, a grandfather, a youth climate activist, and a toddler — as well as of the vulnerable groups represented by CLM and of future generations. The plaintiffs invoked the European Convention on Human Rights (ECHR), as concretized in the KlimaSeniorinnen judgment, alongside constitutional rights under the Irish Constitution and the Charter of Fundamental Rights of the European Union. It also builds on the 2020 judgment of the Irish Supreme Court, in the Friends of the Irish Environment case. There, the Court quashed the first Irish mitigation plan because of its inadequate level of detail.

The CLM stated that:

Ireland’s emissions are not decreasing rapidly enough to stay within the confines of the State’s own legally binding 2025 and 2030 carbon budgets and successive Climate Action Plans have fallen short on implementation. Low income and marginalised groups, the groups CLM has represented since its establishment almost 50 years ago, stand to be disproportionately impacted by climate change but have least opportunity to protect or vindicate their rights. In taking this case, CLM seeks to serve as a vehicle for collective recourse for these communities and future generations.

Status of case:
Pending

More information:

Last updated:
29 November 2024

Categories
Adaptation Disability and health-related inequality Domestic court Elderly Emissions reductions/mitigation Human dignity Paris Agreement Right to health Right to housing Right to life Right to subsistence/food South Korea Vulnerability

Senior Citizens v. Korea

Summary:
In June 2024, a group of 123 older South Korean citizens brought suit against their government before South Korea’s National Human Rights Commission, arguing that the government’s greenhouse gas mitigation plans had violated their human dignity and their right to life. Their case concerns both mitigation and adaptation action. In terms of mitigation, they sought enhancement of the country’s 2030 national greenhouse gas reduction targets and an ambitious next nationally determined contribution (NDC) under the Paris Agreement. In terms of adaptation, they sought a risk assessment of impacts on human rights, including the rights to life, food, health, and housing, and emphasized the State’s fundamental obligation to protect these rights. This assessment should entail, they argued, “a factual survey and epidemiological investigation into the risks the climate crisis poses to the human rights of vulnerable social groups, including older persons”, and lead to more ambitious adaptation measures.

Petition:
The full text of the petition as filed can be found below.

Status of case:
Pending before South Korea’s National Human Rights Commission

Last updated:
29 November 2024

Categories
Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Fossil fuel extraction Private and family life Public trust doctrine Right to culture Right to health Right to life Sea-level rise United States of America Vulnerability

Sagoonick et al. v. State of Alaska II

Summary:
On 22 May 2024, a group of young people supported by the NGO ‘Our Children’s Trust’ filed suit against the U.S. State of Alaska arguing that statutory requirements to develop and advance the Alaska Liquefied Natural Gas (LNG) Project violate their public trust rights as well as their rights to substantive due process, life, liberty and property, and the right to protected natural resources for “current and future generations” under the Alaskan Constitution. They argue that this project will cause “existential harms to the lives, health, safety, and cultural traditions and identities of Alaska’s youth, and substantially limit their access to the vital natural resources upon which they depend.”

The case follows on an earlier case against Alaska, Sagoonick et al. v. Alaska I, which was rejected in 2022 by a divided Alaskan Supreme Court.

Claims made:
The case challenges legislation creating the Alaska Gasline Development Corporation, a state agency created to pursue building a new LNG pipeline. 

According to the plaintiffs, Alaska is “already in a state of climate disruption” and the contested project “would ensure continuing and substantially elevated levels of climate pollution for decades, locking in increasing and worsening harms to Youth Plaintiffs”. They argue that the youth plaintiffs are “uniquely vulnerable to climate change injuries and face disproportionate harms”. Arguing that climate pollution is already causing dangerous climate disruption in Alaska, injuring the plaintiffs in this case, they cite the following climate-related impacts:

  • temperature increase, heatwaves, and other heat-related changes;
  • thawing permafrost;
  • changing precipitation patterns, extreme weather events and droughts;
  • loss of sea, river, and lake ice;
  • ocean acidification;
  • melting glaciers and sea level rise; and
  • increasingly frequent and severe wildfires and smoke.

The plaintiffs sought a declaration that the contested provisions of State law violate their public trust rights to equal access to public trust resources and to sustained yield of public trust resources free from substantial impairment. They argued that the state of Alaska has a duty under the public trust doctrine to ensure “the continuing availability of public trust resources for present and future generations”.

In addition, they sought a declaration that they have a fundamental right to a climate system that sustains human life, liberty, and dignity under the Alaskan Constitution, which is being violated by the contested statutory provisions.

The youth plaintiffs also petitioned the court to enjoin the defendants from taking further actions to advance or develop the Alaska LNG Project. They sought costs and expenses as well as “such other and further relief as the Court deems just and equitable.”

Recent developments:
In October 2024, it was reported that the state of Alaska had asked the Court to dismiss the case.

Last updated:
14 November 2024

Categories
Climate activists and human rights defenders Emissions reductions/mitigation European Convention on Human Rights Finland Indigenous peoples' rights Right to a healthy environment Right to health Right to water Rights of nature Vulnerability

Finnish Association for Nature Conservation and others v. Finland

Summary:

In August 2024, a coalition of six Finnish environmental and human rights organizations, including the Finnish Sámi Youth, filed a lawsuit against the Finnish government at the Supreme Administrative Court of Finland. The lawsuit accuses the government, led by Prime Minister Petteri Orpo, of failing to meet the commitments outlined in Finland’s 2022 Climate Act, which aims to achieve carbon neutrality by 2035. The plaintiffs argue that the government’s insufficient actions, particularly in the areas of forestry, agriculture, and transportation, threaten both environmental sustainability and the rights of the Sámi people, who are disproportionately affected by climate change.

The case builds on an earlier ruling by the Supreme Administrative Court, which dismissed the plaintiffs’ claim on procedural grounds, and a recent ruling by the European Court of Human Rights (ECtHR) in the Klimaseniorinnen case, where the Strasbourg Court found that Switzerland’s failure to adequately address climate change constituted a violation of human rights.

Claim:

The plaintiffs claim that the Finnish government’s inadequate climate policies are not only a breach of the nation’s own laws but also a violation of human rights. Specifically, they argue that the government is failing to protect the Sámi people’s rights to maintain their culture, livelihood, and environment. They demand that the government implement stronger measures to meet its climate targets, thus safeguarding both the environment and the rights of the Sámi as an indigenous people.

Significance:

The significance of this case is multifaceted. Firstly, it represents a critical intersection between environmental law and human rights, specifically the rights of indigenous peoples, highlighting how climate change disproportionately affects vulnerable populations. Secondly, this case is notable for invoking international legal standards, such as those set by the ECHR, in a national context. The outcome could therefore have implications beyond Finland, contributing to the growing body of climate litigation worldwide that seeks to hold governments accountable for their environmental commitments. Finally, the case highlights the increasingly active role of civil society in enforcing climate laws and protecting the rights of vulnerable populations in the face of global climate change.

Ruling in the case:

In January 2025, it was reported that the Supreme Administrative Court of Finland had turned down the complaint, emphasizing the need for more time to conduct an assessment of the effectiveness of current policies and the impossibility of ex ante assessments.

Links:

The related documents are accessible here, here, here, and here.

Suggested case citation:

Finnish Association for Nature Conservation and others v Finland (pending, Supreme Administrative Court of Finland, 2024).

Last updated:
12 February 2025

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

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 argued, represents a failure to protect 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. In particular, they submitted evidence that their specific demographic (older women) is particularly impacted by heatwaves, citing health impacts and excess mortality risks. The respondent State, they argued, has failed to comply with its positive obligations to protect their rights, read in light of the environmental law principles of precaution and intergenerational equity.

The applicants also invoked 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). In this regard they argued that the domestic courts failed to take their case seriously and provide an effective remedy to contest the violation of their rights.

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. As a result, the applicants took their case to the European Court of Human Rights in Strasbourg.

This case was only the second climate change-related case to come to Strasbourg. Like the Duarte Agostinho case, this application raised 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.

On 9 April 2024, in a historic ruling, the ECtHR declared this case admissible in part (for the association) and found that there had been violations of Articles 6(1) and 8 ECHR. In doing so, this case became the Court’s leading climate judgment, and a model for further climate-related cases in this system.

Third-party interventions:
There were an unusually large (for the ECtHR) number of third party interventions in this case: 23 in total, including eight States. The KlimaSeniorinnen association provided copies of all of the third-party interventions; these are available here. Some of the third-party interveners were also granted leave to intervene orally during the hearing before the Grand Chamber.

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.

General findings of the Court in its judgment of 9 April 2024:
The Court’s judgment is prefaced by a number of general findings that reflect its intended nature as a leading case. Noting the need to ensure effective protection of Convention rights without undermining the prohibition of actio popularis cases under the Convention system, the Court acknowledged that it had a role to play here, finding that “the current situation (…) involves compelling present‑day conditions, confirmed by scientific knowledge, which the Court cannot ignore in its role as a judicial body tasked with the enforcement of human rights.” At the same time, noting “the necessarily primary responsibility of the legislative and executive branches and the inherently collective nature of both the consequences and the challenges arising from the adverse effects of climate change”, it held that the issue of victim status here raised an issue of the separation of powers, requiring particular consideration. Noting the global and complex nature of climate change, it held that “the necessity of combating climate change involves various conflicts, the weighing‑up of which falls, as stated previously, within the democratic decision‑making processes, complemented by judicial oversight by the domestic courts and this Court.”

In light of this, and before assessing the case, the Court set out a number of general considerations relating to climate‑change cases. This includes questions of causation, including the finding that despite indirect causal links, “the essence of the relevant State duties in the context of climate change relates to the reduction of the risks of harm for individuals”, meaning that it could not apply “a strict conditio sine qua non requirement” to matters of causation. This section also includes issues of proof and evidence, and references the “evolution of scientific knowledge, social and political attitudes and legal standards concerning the necessity of protecting the environment”. Here the Court established that “there are sufficiently reliable indications that anthropogenic climate change exists, that it poses a serious current and future threat to the enjoyment of human rights guaranteed under the Convention, that States are aware of it and capable of taking measures to effectively address it, that the relevant risks are projected to be lower if the rise in temperature is limited to 1.5°C above pre-industrial levels and if action is taken urgently, and that current global mitigation efforts are not sufficient to meet the latter target” (para. 436). And, importantly, it discarded the “drop in the bucket” argument made by the respondent State, stating that “The relevant test does not require it to be shown that “but for” the failing or omission of the authorities the harm would not have occurred. Rather, what is important, and sufficient to engage the responsibility of the State, is that reasonable measures which the domestic authorities failed to take could have had a real prospect of altering the outcome or mitigating the harm” (para. 444). It also stressed that there is no right to a healthy environment in the ECHR, but that it can and has nonetheless dealt with other environmental cases, reiterating its past approach that “the crucial element which must be present in determining whether, in the circumstances of a given case, an environmental harm has adversely affected one of the rights safeguarded by the Convention is the existence of a harmful effect on a person and not simply the general deterioration of the environment” (para. 446). It also noted that it is conscious of its subsidiary role and the direct democratic legitimation of national authorities to make decisions on climate policy, but that where State policy affects Convention rights, it has competence to intervene and “the Court’s competence in the context of climate-change litigation cannot, as a matter of principle, be excluded” (paras. 449-451).

The Court also set out the relevant principles for interpreting the ECHR, including the living instrument approach and the fact that while the Court “does not have the authority to ensure compliance with international treaties or obligations other than the Convention” — including the Paris Agreement — it has consistently noted that it will interpret the Convention in harmony with other international law.

Admissibility:
On 9 April 2024, the Court declared this case admissible in part. Under Article 34 ECHR, it used this judgment as an opportunity to create new standards on victim status specific to climate-related cases. In doing so, it set out the general standards on victim status, noting that it did not admit actio popularis cases and that the ECHR “does not permit individuals or groups of individuals to complain about a provision of national law simply because they consider, without having been directly affected by it, that it may contravene the Convention” (para. 460). It noted that the notion of victim status must be applied flexibly, and that it’s distinct from locus standi, i.e. representative actions.

The Court then issued general considerations on victim status and locus standi in climate cases, noting that “there is cogent scientific evidence demonstrating that climate change has already contributed to an increase in morbidity and mortality, especially among certain more vulnerable groups, that it actually creates such effects and that, in the absence of resolute action by States, it risks progressing to the point of being irreversible and disastrous” (para. 478).

It also held that (para. 479): the critical issues around climate change “arise from failures to act, or inadequate action”, meaning omissions in legislative or regulatory frameworks that require a special approach to victim status. Importantly, the Court also clarified that its findings on victim status in the context of complaints about omissions in climate policy “is without prejudice to the determination of victim status in circumstances where complaints by individuals concern alleged violations arising from a specific individual loss or damage already suffered by them” (para. 480), meaning that the special approach spelled out for mitigation cases need not preclude other types of claims. However, it held, in the context of climate change, “a potentially a huge number of persons could claim victim status under the Convention”, which “would not sit well with the exclusion of actio popularis from the Convention mechanism and the effective functioning of the right of individual application” (para. 483). The Court clarified the difficult situation in which it found itself, between “disrupting national constitutional principles and the separation of powers” and depriving individuals affected in their rights from “any judicial recourse before the Court”, noting the “distinct representational disadvantage” of those most affected (para. 484). It then, in para 487 of the judgment, spelled out the criteria for individual victim status in climate cases. These are:

  • (a)  “a high intensity of exposure to the adverse effects of climate change”, i.e. a significant level and severity of risk of adverse consequences; and
  • (b) “a pressing need to ensure the applicant’s individual protection, owing to the absence or inadequacy of any reasonable measures to reduce harm.”

Given that there is no actio popularis under the Convention, the Court held, “the threshold for fulfilling these criteria is especially high”, and will depend on specific vulnerabilities and local circumstances as well as including considerations relating to: “the nature and scope of the applicant’s Convention complaint, the actuality/remoteness and/or probability of the adverse effects of climate change in time, the specific impact on the applicant’s life, health or well-being, the magnitude and duration of the harmful effects, the scope of the risk (localised or general), and the nature of the applicant’s vulnerability” (para. 488).

As to the standing of associations, the Court generally reiterated its previous Gorraiz Lizarraga and Others judgment, which had allowed representative standing for an organisation. It noted that recourse to collective bodies like associations can make defense of one’s interests more accessible in certain circumstances, including the context of climate change, noting that this general principle was also reflected in the Aarhus Convention. The Court then set out some general principles on organizations’ victim status versus their standing as representatives of victims. In light of the former, it reiterated past case-law finding that “an association cannot rely on health considerations or nuisances and problems associated with climate change which can only be encountered by natural persons”. But it also recognized that understandings of the importance of litigation by associations had evolved, and that climate cases are complex and demanding and affect many individuals (para. 498). In addition, “the special feature of climate change as a common concern of humankind and the necessity of promoting intergenerational burden-sharing in this context (…), speak in favour of recognising the standing of associations before the Court in climate-change cases” (para. 499). However, this should not mean allowing an actio popularis: a test for associations’ standing is required. To design its test, the Court had regard to the Aarhus Convention while also noting key difference between its approach and that under Aarhus.

The test it devised for associations looks as follows (§ 502): associations will have locus standi to bring climate cases about impacts on human lives and health where they:

  • (a) have been lawfully established in the relevant jurisdiction, or have standing to act there;
  • (b) pursue, under their statutory objectives, a dedicated purpose of defending the human rights of their members or other affected individuals in the jurisdiction concerned, and
  • (c) are genuinely qualified and representative to act on behalf of affected individuals in the jurisdiction who are subject to specific threats on their lives, health or well-being from climate change.

The Court also noted that it would consider additional factors, like the purpose for which the association was established, its non-profit character, the nature and extent of its activities, its membership and representativeness, its principles and transparency of governance and whether standing is in the interests of the proper administration of justice.

There was no need, however, to show that those on whose behalf the case has been brought would themselves have met the climate-specific victim-status requirements for individuals as set out earlier in the judgment.

Because the Court joined its actual analysis of the victim status requirement to the merits of the case, this is discussed in the following section.

Merits:
In setting out general principles on the applicability of Article 2 ECHR (the right to life), the Court noted past cases where the right was applicable to situations where there is a threat to life, but “where the person concerned did not die”. Although noting the evidence on vulnerable populations, the Court reiterated that the appropriate test here is one of whether there is a “real and imminent” risk to life, meaning that the risk must be serious, genuine, sufficiently ascertainable and in physical proximity. It then tailored this last aspect to the nature of climate change, stating that it would suffice to show “an element of material and temporal proximity of the threat to the harm complained of by the applicant”. This means that, provided an applicant has victim status, “a serious risk of a significant decline in a person’s life expectancy owing to climate change ought also to trigger the applicability of Article 2.”

As for Article 8 ECHR, the Court stated generally that it was necessary to show an “actual interference” with the right, meaning that there needs to be “a direct and immediate link between the alleged environmental harm and the applicant’s private or family life or home”, and a certain level of severity. Drawing on its past environmental case-law, the Court went on to establish that “Article 8 must be seen as encompassing a right for individuals to effective protection by the State authorities from serious adverse effects of climate change on their life, health, well-being and quality of life” (para. 519).

The Court then considered the applicability of Art. 8 ECHR to the case before it. As concerned the applicant association, it found that it met the criteria for standing by associations as set out earlier in the judgment, describing the KlimaSeniorinnen association as “a vehicle of collective recourse aimed at defending the rights and interests of individuals against the threats of climate change in the respondent State”. The complaints pursued by the association on behalf of its members, it held, fall within the scope of Article 8. The association accordingly had locus standi, and Article 8 was declared applicable to its complaint.

On applicants 2-5 (the individual applicants), the Court held that the threshold for meeting its two criteria (high-intensity exposure and a pressing need to ensure protection) was high. It was not enough to show that they were particularly vulnerable to the effects of climate change. The crucial paragraph of the judgment here is para. 533: “while it may be accepted that heatwaves affected the applicants’ quality of life, it is not apparent from the available materials that they were exposed to the adverse effects of climate change, or were at risk of being exposed at any relevant point in the future, with a degree of intensity giving rise to a pressing need to ensure their individual protection (…). It cannot be said that the applicants suffered from any critical medical condition whose possible aggravation linked to heatwaves could not be alleviated by the adaptation measures available in Switzerland or by means of reasonable measures of personal adaptation”. Their complaint was accordingly declared inadmissible.

On the claims under Article 2, the Court held that it was not necessary to analyze this further, noting that its analysis would “have regard to the principles developed also under Article 2, which to a very large extent are similar to those under Article 8 (…) and which, when seen together, provide a useful basis for defining the overall approach to be applied in the climate-change context under both provisions.”

The Court then recapitulated more general principles now on the merits proper. It held that the Article 2 and 8 positive obligations are generally quite similar, requiring the State:

  • (a)  to put in place an adequate legislative and administrative framework and govern the licensing, setting-up, operation, security and supervision of the activity;
  • (b) to apply that framework effectively in practice;
  • (c) to remain within their margin of appreciation;
  • (d) to exercise due diligence and consider all competing interests;
  • (f) to provide access to essential information enabling individuals to assess risks to their health and lives;

Noting also that “the scope of the positive obligations imputable to the State in the particular circumstances will depend on the origin of the threat and the extent to which one or the other risk is susceptible to mitigation”.

In reviewing the domestic decision-making process, the Court has particular regard to the following considerations:

  • (a) Its subsidiary role;
  • (b) The need to consider all of the procedural aspects;
  • (c) The presence of appropriate investigations and studies;
  • (d) The public’s access to the conclusions of the relevant studies; and
  • (e) Whether or not the individuals concerned had an opportunity to protect their interests in the environmental decision-making process, i.e. participate effectively.

Turning to States’ positive obligations relation to climate, it first considered the State margin of appreciation. Having regard to the scientific evidence, the Court considered it justified to give climate protection considerable weight against competing considerations.

Regarding the margin of appreciation it distinguished between the scope of the margin as regards (i) the State’s commitment combating climate change and setting objectives in this respect, and (ii) the choice of means designed to achieve those objectives. The margin is more narrow with regard to the former. For the latter aspect, i.e. the choice of means, States have a wide margin of appreciation.

As to the content of States’ positive obligations under Article 8, this is primarily a regulatory obligation. This means that, in line with their international commitments, States need to put in place regulations and measures to prevent climate change. The global aims in the Paris Agreement are not enough; and “must inform the formulation of domestic policies, it is obvious that the said aims cannot of themselves suffice as a criterion for any assessment of Convention compliance of individual Contracting Parties to the Convention in this area. This is because “each individual State is called upon to define its own adequate pathway for reaching carbon neutrality, depending on the sources and levels of emissions and all other relevant factors within its jurisdiction.”

This means that Article 8 ECHR “requires that each Contracting State undertake measures for the substantial and progressive reduction of their respective GHG emission levels, with a view to reaching net neutrality within, in principle, the next three decades” (ca. 2050). To avoid a disproportionate burden on future generations, this means immediate action needs to be taken and adequate intermediate reduction goals must be set for the interim period. The Court spelled out that this must be part of a binding regulatory framework at the national level, followed by adequate implementation, and that “the relevant targets and timelines must form an integral part of the domestic regulatory framework, as a basis for general and sectoral mitigation measures.”

In para. 550, the Court set out the criteria it would use to decide whether a State has remained within its margin of appreciation, namely whether the authorities had due regard to the need to:

  • “(a) adopt general measures specifying a target timeline for achieving carbon neutrality and the overall remaining carbon budget for the same time frame, or another equivalent method of quantification of future GHG emissions, in line with the overarching goal for national and/or global climate-change mitigation commitments;
  • (b) set out intermediate GHG emissions reduction targets and pathways (by sector or other relevant methodologies) that are deemed capable, in principle, of meeting the overall national GHG reduction goals within the relevant time frames undertaken in national policies;
  • (c) provide evidence showing whether they have duly complied, or are in the process of complying, with the relevant GHG reduction targets (…);
  • (d) keep the relevant GHG reduction targets updated with due diligence, and based on the best available evidence; and
  • (e) act in good time and in an appropriate and consistent manner when devising and implementing the relevant legislation and measures.”

These mitigation measures, it added, must be supplemented by adaptation measures aimed at alleviating the most severe or imminent consequences of climate change, taking into account particular protection needs.

The Court also set out procedural safeguards, namely

  • (a) The publicity of relevant information; and
  • (b) The availability of procedures to take into account the views of the public, and in particular the interests of those affected.

Applying these principles to the case before it, the Court held that it could “take into account the overall situation in the respondent State”, including relevant information that came to light after the domestic proceedings, but that here, given an ongoing domestic legislative process, its assessment was limited to examining the domestic legislation as it stood on the date of the (internal) adoption of the judgment, which was 14 February 2024.

The Court noted that the currently existing 2011 CO2 Act (in force since 2013) required that emissions reductions of 20% by 2020 compared with 1990 levels. However, as far back as August 2009, the Swiss Federal Council had found that the scientific evidence under a 2-2.4°C warming limit required a reduction in global emissions of at least 50-85% by 2050 compared with 1990 levels. Industrialised countries (like Switzerland) had to reduce their emissions by 25-40% by 2020 compared to 1990 levels. for the higher 1.5°C limit, emissions would have to decline continuously, and the pathway 20% by 2020 pathway was insufficient to achieve that objective.

As the Government acknowledged, domestic assessments found that even the reduction target for 2020 had been missed. Between 2013 and 2020, Switzerland reduced its emissions by around 11% compared with 1990 levels, indicating the insufficiency of the authorities’ past action to take the necessary measures to address climate change.

A proposed revision of the CO2 Act for 2020-2030 proposed an overall reduction of 50% of emissions, including a domestic reduction of 30% by 2030 and measures to be taken abroad (“external emissions”). This proposal was rejected in a popular referendum in June 2021. Here the Court held that, “irrespective of the way in which the legislative process is organised from the domestic constitutional point of view”, there was a legislative lacuna, pointing to a failure on the part of the respondent State to fulfil its positive obligations under Article 8 to devise a regulatory framework setting the requisite objectives and goals.

Reflecting the updated Swiss NDC, the Climate Act was enacted, and envisages the principle of a net‑zero emissions target by 2050, but several lacunae remain, and “the Court has difficulty accepting that the mere legislative commitment to adopt the concrete measures “in good time” (…) satisfies the State’s duty”, especially because “the introduction of that new legislation is not sufficient to remedy the shortcomings identified in the legal framework applicable so far.”

Currently, the Swiss goal used more emissions than even a globally equal “per capita emissions” approach would entitle it to use.

The Court rejected the Government’s argument that there was no established methodology to determine a country’s carbon budget, and noted that an NDC under the Paris Agreement was not an appropriate substitute. The Court approved of the reasoning of the German Federal Constitutional Court in Neubauer, where it rejected the argument that it was impossible to determine the national carbon budget by emphasizing the principle of common but differentiated responsibilities under the UNFCCC and the Paris Agreement.

Thus, “while acknowledging that the measures and methods determining the details of the State’s climate policy fall within its wide margin of appreciation, in the absence of any domestic measure attempting to quantify the respondent State’s remaining carbon budget, the Court has difficulty accepting that the State could be regarded as complying effectively with its regulatory obligation under Article 8” (para. 572). This meant that there had been a violation of Article 8 of the Convention (by a majority of 16-1).

On the issue of Article 6 ECHR, concerning the right of access to a court, the Court held that the issue of victim status should again be joined to the merits, and the Court again dove in with general principles, finding that it did not per se need to tailor these principles to the nature of climate change cases.

Examining these principles in the case before it, the Court held that “it cannot be said that the individual applicants’ claim was frivolous or vexatious or otherwise lacking in foundation in terms of the relevant domestic law (…). The Court is unable to agree with the finding of the FSC that the individual applicants’ claim could not be considered arguable for the purposes of Article 6 § 1 of the Convention” (para. 618). It went on to find that interests defended by the association meant that the “dispute” raised by it had a direct and sufficient link to its members’ rights. Finding that Article 6 (1) applied to the complaint of the applicant association, the Court also considered it to have victim status.

For the individual applicants, however, the Court found that the dispute they had brought concerning the failure to effectively implement mitigation measures was not directly decisive for their specific rights. They had not shown that there was a sufficiently imminent and certain effect on their individual rights, and this part of their complaint was inadmissible.

For the association, among other things, the Court rejected the domestic courts’ findings that there was still some time to prevent global warming from reaching the critical limit, and noted that they “did not engage seriously or at all with the action brought by the applicant association.” There had accordingly been a violation of Art. 6(1) ECHR, with the Court emphasizing “the key role which domestic courts have played and will play in climate-change litigation”.

The applicants also complained that they had not had access to an effective remedy within the meaning of Article 13 of the Convention. Here the Court noted that Article 6 is a lex specialis to Article 13, the latter being absorbed by the more stringent requirements of Article 6, so there was no separate issue in its regard.

Remedies:
The individual applicants had made requests for just satisfaction for damage under Article 41 ECHR, but the organisation did not, so no award was made. The Court did award costs and expenses to the amount of EUR 80,000.

The applicants had also made an Art. 46 claim for a general measures order. Here the Court noted that it is primarily for the State to choose, under the supervision by the Committee of Ministers, the means to be used domestically to discharge its obligation to comply with the Court’s judgment, as long as the means are compatible with the conclusions and spirit of that judgment. The Court went on to hold that, “having regard to the complexity and the nature of the issues involved, the Court is unable to be detailed or prescriptive as regards any measures to be implemented in order to effectively comply with the present judgment.” It noted the State’s broad margin of appreciation choose the means to discharge its Convention obligations, and found that the State was thus better placed than the Court to decide which specific measures to take.

Separate opinions:
A separate opinion by Judge Eicke is annexed to this judgment. He disagreed with the majority in several points, especially victim status and the merits of Art. 8. He presented his view as a disagreement of a “fundamental nature” that “goes to the very heart of the role of the Court within the Convention system and, more generally, the role of a court in the context of the unique and unprecedented challenges posed to humanity” because the majority had exceeded “the permissible limits of evolutive interpretation”.

According to Judge Eicke, the majority judgment creates a new right to “effective protection by the State authorities from serious adverse effects on their life, health, well‑being and quality of life arising from the harmful effects and risks caused by climate change”. While acknowledging the seriousness of the threat of climate change, and noting “(a) the absolute need for urgent action and (b) the sheer complexity of the challenges climate change (and the other aspects of the “triple planetary crisis”) pose (geo-)politically, practically, logistically as well as legal,” he argues that the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances (Article 2(2) Paris Agreement) is “difficult to reconcile (if not wholly inconsistent) with the Court’s primary role of ensuring observance of a common minimum standard of protection applicable equally to all Contracting Parties”.

On victim status, Eicke argues that “there was, in fact, no dispute and no uncertainty about the “victim” status of the individual applicants in relation to the Article 6 § 1 complaint in this case; and therefore no need to join that question to the merits”. He sets out and adheres to the previously established case-law on victim status, refusing to join the majority in creating a new approach tailored to climate cases and arguing that exceptions should only be possible where individual applications document victim status are not “ever” likely to be possible. He argues that the judgment creates an actio popularis.

Under Articles 2 and 8, Eicke argues that while it would have been possible to find a procedural violation of Articles 2 or 8, “the substantive violation of Article 8 which the majority seeks to construct from this starting premise has no basis either in the text of the Convention nor in any of the Court’s case-law.” He considers that “the Court would already have achieved much if it had focussed on a violation of Article 6 of the Convention and, at a push, a procedural violation of Article 8 relating in particular to (…) the right of access to court and of access to information”. He accuses the majority of trying “to run before it could walk”, and “giving (false) hope that litigation and the courts can provide “the answer” without there being, in effect, any prospect of litigation (especially before this Court) accelerating the taking of the necessary measures towards the fight against anthropogenic climate change”, and mentions the risk that this judgment will distract from other efforts to tackle climate change.

Implementation measures taken:

N/A

Date of decision:
It was announced on 26 March 2024 that the Grand Chamber would issue its judgment in this case, along with the two other climate cases pending before the Grand Chamber, in a hearing to be held on 9 April 2024 at 10:30 a.m. The judgment and a summary were made available on the Court’s HUDOC database immediately after the hearing.

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. On 9 April 2024, the Court issued its judgment in the case.

Suggested case citation:
ECtHR, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, no. 53600/20, judgment (Grand Chamber) of 9 April 2024.

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:
9 April 2024

Categories
Adaptation Disability and health-related inequality Domestic court European Convention on Human Rights Imminent risk Margin of appreciation Non-discrimination Paris Agreement Private and family life Right to housing Right to life Right to property Sea-level rise The United Kingdom Vulnerability

R (Friends of the Earth Ltd, Kevin Jordan and Doug Paulley) v. Secretary of State for Environment, Road & Rural Affairs

Summary:
On 17 October 2023, the reportedly first-ever adaptation case in the United Kingdom was brought against the government before the UK’s High Court of Justice. The plaintiffs in this case included Kevin Jordan, a homeowner from Norfolk (UK), who alleged that his home was acutely threatened by coastal erosion, with the road leading up to it having already collapsed into the sea. Jordan brought his case together with the NGO ‘Friends of the Earth’ and disability rights activist Doug Paulley, a care home resident who alleged that his health conditions were being exacerbated by climate-aggravated heatwaves. Together, the plaintiffs challenged the UK’s National Adaptation Programme (NAP). Domestic law requires the production of new NAP every five years, and the most recent version — NAP3 — was published in July 2023. The claimants argued that NAP3 is deficient for the following reasons:

  1. Failure to set sufficiently specific objectives;
  2. Failure to conduct and publish information on the assessment of the risks involved in implementing NAP3;
  3. Failure to consider the unequal impacts of NAP3 on protected groups (on the grounds of age, race and disability); and
  4. Violation of Articles 2, 8, 14 and Article 1 of Protocol 1 of the European Convention on Human Rights (the rights to life, respect for private and family life, non-discrimination and property, respectively), as enshrined in the Human Rights Act 1998.

In regards to the alleged human rights violations, the plaintiffs invoked:

a. The well-established but urgent need for long-term policy and protected funding to enable care-homes (and similar healthcare settings) to adapt to excessive heat. This remains absent in NAP3 despite the increasing frequency and severity of annual heatwaves.
b. There being no new policy to manage overheating risks in existing health and social care buildings, such that they are properly refurbished as soon as reasonably practicable.
c. A lack of a commitment to provide adequate resources to support communities at imminent risk of being lost to erosion and flooding, including as to the established mental health and emotional wellbeing impacts for those affected.
d. Gaps, inconsistency and uncertainty in the potential allocation of funding provided for a range of areas, in particular for those communities that must (or are likely to have to) relocate and have their homes demolished.
e. There being no insurance or compensation schemes available for the worst affected by coastal erosion and who lose their homes.
f. No evidence of their being an express consideration, or reasoned analysis, of what a fair balance to strike would be between doing more to safeguard the human rights of vulnerable people and the interests of wider society.

https://climatecasechart.com/wp-content/uploads/non-us-case-documents/2023/20231101_21608_complaint.pdf (emphasis added)

High Court Judgment:
In a judgment issued on 25 October 2024, the High Court of Justice for England and Wales rejected the applicants’ claims. Justice Chamberlain, in his judgment, found that there had been no error of law in this case. His ruling extensively considered the 2024 Verein KlimaSeniorinnen judgment of the European Court of Human Rights, but found that “[u]nlike in the field of mitigation, and subject to the arguments about the effect of the ECHR as interpreted in [Verein KlimaSeniorinnen] (…), there is no internationally binding quantified standard governing how States must adapt to climate change. It would be very difficult to devise any such standard because the risks of climate change differ widely from state to state (and indeed within states). In some places, the main risk may be from flooding, in other places extreme heat or drought. Elsewhere, there may be a combination of risks, which all have to be addressed but some of which are more urgent than others. Moreover, the profile of risks, and the priorities attached to addressing them, may change over time” (para. 92 of the High Court ruling).

Assessing the Verein KlimaSeniorinnen judgment overall, Judge Chamberlain found that while this judgment “represents a significant development of the case law in relation to climate change, not only as regards the standing of associations to bring claims before the Strasbourg Court, but also as regards the scope and extent of the positive obligations of the State and the margin of appreciation to be accorded when assessing whether those obligations have been discharged”, “the significance of the judgment for the UK’s climate change framework should not be overstated.” The Judge noted that KlimaSeniorinnen focused heavily on lacunae in domestic legislation and the targets set out in the Paris Agreement, whereas the law of the United Kingdom does not feature similar lacunae in mitigation target-setting.

Lawyers for the government in this case had sought to dismiss the findings of the ECtHR, as made in para. 552 of KlimaSeniorinnen, as an obiter dictum. This paragraph of the Strasbourg Court’s judgment reads as follows:

Furthermore, effective protection of the rights of individuals from serious adverse effects on their life, health, well-being and quality of life requires that the above-noted mitigation measures be supplemented by adaptation measures aimed at alleviating the most severe or imminent consequences of climate change, taking into account any relevant particular needs for protection. Such adaptation measures must be put in place and effectively applied in accordance with the best available evidence (…) and consistent with the general structure of the State’s positive obligations in this context (…).

Judge Chamberlain disagreed with the government as concerns the nature of this finding, noting the dangers of applying “common law concepts [the idea of obiter dicta] to the judgment of a court most of whose members come from different legal traditions.” Still, Judge Chamberlain noted that the Strasbourg Court’s findings were of a general nature (para. 101). He found that KlimaSeniorinnen “appears to indicate that the positive obligation imposed by Articles 2 and 8 [ECHR] extends to adopting and effectively implementing ‘adaptation measures aimed at alleviating the most severe or imminent consequences of climate change, taking into account any relevant particular needs for protection'”, stemming from the State’s underlying regulatory obligation. He notes that “[w]hat that means in the context of adaptation measures, however, is far from clear” (para. 103), given that adaptation measures were not central to the KlimaSeniorinnen case, and that the international legal framework in this regard is less well-developed than for mitigation measures. He went on to anticipate future rulings from the ECtHR, considering it

(…) likely that, if the Strasbourg Court had in a future case to apply the reasoning in [Verein KlimaSeniorinnen] to the adaptation context, it would say that:
(a) the narrow margin of appreciation in relation to the mitigation aims was justified by reference to the internationally agreed objective of carbon neutrality by 2050 and the impact of one State’s default on other States;
(b) neither of these features applies in the field of adaptation; and
(c) accordingly, in the field of adaptation, States are to be accorded a wide margin of appreciation in setting the relevant objectives and a wider margin still in setting out the proposals and policies for meeting them (by analogy with the margin accorded to the State in setting the means for achieving the mitigation objectives).

Accordingly, he found that the current adaptation framework in the United Kingdom appears to “fall comfortably within the UK’s margin of appreciation under Articles 2 and 8 ECHR” and is not “contrary to any clear and consistent line of authority from the Strasbourg Court”. On this basis, he found that there was neither an error of law nor an incompatibility with human rights law evident in this case.

Application to the European Court of Human Rights:
In July 2025, Friends of the Earth announced that the case had been filed as an application before the European Court of Human Rights.

More information:
For reporting on the case, see coverage from the Guardian and the Independent.

Suggested citation:
High Court of Justice for England and Wales, R (Friends of the Earth Ltd, Kevin Jordan and Doug Paulley) v. Secretary of State for Environment, Road & Rural Affairs, [2024] EWHC 2707 (Admin), 25 October 2024.

Last updated:
13 November 2024