Changing climate on climate action
Human Rights' (ECtHR) ruling on Tuesday in the case brought by Verein KlimaSeniorinnen Schweiz, a Swiss association of women senior citizens, breaks new ground by linking climate change to infringement of human rights, to the obligation of states to protect fundamental rights. The verdict makes it the state's duty to act to limit climate change.
It also makes it clear that while all of society must participate in efforts to limit climate change, the buck stops at the state's door.
Swiss senior citizens, who, given their age, are particularly affected by impacts of climate change in terms of health and living conditions, had sued the Swiss state for not doing enough to combat global warming. Ostensibly a 'first world' suit, the door now opens for wider consideration of impacts and actions to arrest climate change beyond Switzerland and, indeed, Europe.
Initially binding on Switzerland, the ruling will impact 40-odd jurisdictions that are signatories to European Convention on Human Rights, including all EU member-states, Britain, Norway, Turkiye and some Central Asian states.
Climate cases have been on the rise globally, from 884 to 2,180 in 2022. But it's with the ECtHR ruling that the burden of proof has shifted — states have to justify that their policies are sufficient.
India's Supreme Court's latest ruling in the Great Indian Bustard case is in a similar vein. By stressing that limiting climate change is central to protecting fundamental rights to life and equality, courts are creating legal accountability for states.
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