EUROPE—In a groundbreaking decision, Europe’s highest human rights court ruled in favour of a group of 2,000 Swiss women, all aged 64 and older, who accused their government of failing to adequately address the impacts of climate change. The European Court of Human Rights (ECHR) sided with the women, stating that the Swiss government’s inaction violated their rights under the European Convention on Human Rights.
The case, brought by KlimaSeniorinnen Schweiz (Association of Senior Women for Climate Protection Switzerland), highlighted the increased vulnerability of senior citizens to extreme heat and other climate-related health risks. Citing reports from the Intergovernmental Panel on Climate Change (IPCC), the women argued that the Swiss government’s failure to combat climate change disproportionately endangered their lives and well-being.
In her ruling, ECHR President Siofra O’Leary emphasized the urgent need for action, stating that future generations would suffer the consequences of present failures to address climate change. While the court cannot dictate specific policies, the verdict requires the Swiss government to revise its climate strategies to align with scientific recommendations.
This landmark ruling not only holds implications for Switzerland but also sets a precedent for climate-related litigation across Europe and beyond. The decision underscores the intersection of climate change and human rights, signaling a shift towards greater accountability for governments and corporations in addressing the climate crisis.
The Swiss case is part of a broader trend of climate litigation worldwide. As of 2022, over 2,000 climate-related cases have been filed in more than 65 jurisdictions globally, reflecting growing efforts to hold entities accountable for their contributions to climate change. From youth-led challenges in Canada to lawsuits against governments and corporations, climate litigation is increasingly seen as a tool for driving policy reform and ensuring environmental justice.
Seven young individuals in Ontario have taken legal action against the government in a bid to hold them accountable for what they perceive as human rights violations stemming from inadequate responses to the climate crisis. This initiative reflects a global trend where young people are increasingly resorting to the courts to challenge governments on climate-related issues.
Assisted by the environmental law organization EcoJustice, these individuals presented their case before the Ontario Court of Appeal on January 15. This move comes after an earlier dismissal of their constitutional challenge in April 2023, where a judge acknowledged deficiencies in the province’s emissions reduction plan.
“Our applicants appealed the lower court’s decision that Ontario’s law didn’t violate charter rights. The appeals court agreed with scientific consensus and also recognized that the youth, especially Indigenous youth, are affected disproportionately,” said Fraser Thomson, the lawyer from EcoJustice who represents the youth. “The highest court of Europe has joined a chorus of judges around the world to set and implement decisions that are consistent with what is an existential threat to our most cherished rights.”
The roots of this case trace back to 2018 when Ontario’s newly elected Progressive Conservative government dismantled legislation supporting emissions reduction through a cap-and-trade system. Subsequently, emissions targets were adjusted, raising concerns among the plaintiffs about the government’s commitment to combating climate change.
Ranging from 16 to 28 years old and representing diverse backgrounds, they provided expert evidence suggesting that the new emission targets would lead to significant additional emissions. They contend that such high emission levels violate their Charter rights to life and equality, particularly emphasizing the disproportionate impact on young people who will bear the brunt of climate change.
Mr. Thompson told The Expositor that despite the landmark ECHR win in Switzerland that the impacts will be felt globally, as it affirms the scientific consensus and that Canadian courts have looked to European court decisions in the past. He also hopes that this victory for climate activists continues to inspire citizens to hold their governments to account and that “climate litigation is something to be optimistic about, that it will help us to move to make some positive change.”
Despite initial setbacks, the plaintiffs view this case as historic, marking the first instance in Ontario where a court recognized the capacity to hear a Charter-based challenge related to climate targets. This decision has since influenced a Federal Court of Appeal ruling, allowing 15 young people to reopen a constitutional challenge against the Canadian government’s response to climate change. The group of youth is awaiting the Court of Appeals decision and the youth hope that the decision is made in their favour.
If the province of Ontario chooses to appeal the pending decision, Mr. Thomson said there may be an opportunity to bring the case to the Supreme Court.
