Why in news?
Recently, Europe’s highest human rights court sided with a group of 2,000 Swiss women. These women had sued their government for violating their human rights by failing to do enough to combat the adverse effects of climate change.
The landmark ruling by the European Court of Human Rights (ECHR) might change how courts in Europe and other places handle cases where people say climate change hurts their rights.
This is significant as the verdict has come just days after the Supreme Court of India expanded the scope of Articles 14 (right to equality) and 21 (protection of life and personal liberty). SC said that people have a right to be free from the adverse effects of climate change.
What’s in today’s article?
- European Court of Human Rights (ECHR)
- About the case
- Verdict given by ECHR
- Rise in climate litigation across the globe
European Court of Human Rights (ECHR)
- About
- ECHR is an international court that interprets the European Convention on Human Rights.
- It was established in 1959 and is based in Strasbourg, France.
- It consists of a number of judges equal to the number of member States of the Council of Europe that have ratified the Convention for the Protection of Human Rights and Fundamental Freedoms – currently 46.
- Functions
- The ECHR rules on applications from individuals, groups of individuals, or other contracting states that allege violations of the European Convention on Human Rights.
- The Convention primarily concerns civil and political rights.
- The court can issue judgments and advisory opinions.
About the case
- The case was brought against Switzerland by Klima Seniorinnen Schweiz (Association of Senior Women for Climate Protection Switzerland) in November 2016.
- It is a group of women climate activists all above the age of 64.
- The women claimed that the Swiss government’s inadequate climate policies violate their right to life and other guarantees under the European Convention on Human Rights.
- The convention is an international agreement to protect human rights and political freedoms in Europe.
- They built their case by partly relying on their medical vulnerability as senior citizens to extreme heat caused by climate change.
- They cited the reports by the Intergovernmental Panel on Climate Change (IPCC) — a United Nations body which assesses the science related to climate change.
Verdict given by ECHR
- Highlighted Article 8 of the European Convention on Human Rights
- The ECHR noted that Article 8 of the convention, encompasses a right for individuals to effective protection by the state authorities from the serious adverse effects of climate change on their lives, health, well-being and quality of life.
- Failure of Swiss government
- The Swiss government violated the law as it did not enact adequate laws to combat climate change impacts.
- It also failed to meet greenhouse gas (GHG) emission goals.
- Hence, it is clear that future generations are likely to bear an increasingly severe burden of the consequences of present failures and omissions to combat climate change.
Significance of this ruling
- Obligations of Swiss Government
- The Swiss government is now obliged to update its climate change policies but the ECHR cannot tell authorities what kind of policies to implement.
- Verdict is applicable in member states
- The ECHR’s verdict is applicable in 46 member states, including all the European Union (EU), plus the United Kingdom (UK) and various other non-EU countries.
- This means that any climate and human rights case brought before a judge in Europe’s national courts will now have to consider ECHR’s judgment.
- Empowers citizens and communities
- To file similar cases in countries that are party to the European Convention on Human Rights.
Rise in climate litigation across the globe
- Recently, there has been an increase in climate litigation — a form of legal action that is being used to hold countries and companies accountable for their climate mitigation efforts and historical contributions to climate change.
- As per a report, as of December 2022, there have been 2,180 climate-related cases filed in 65 jurisdictions.
- Children and youth, women’s groups, local communities, and Indigenous Peoples, among others, are taking a prominent role in bringing these cases.
