The ECtHR’s Swiss climate ruling: overreach or appropriate?

Supporters and members of the association Senior Women for Climate Protection hold banners at the European Court of Human Rights.

2024-04-25    

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In fact, the decision was less striking than it seemed. The court held that Switzerland had violated Article 8 of the European Convention on Human Rights (ECHR), which protects private and family life. This may seem odd grounds for a climate-change decision but Article 8 has long been the standard vehicle for environmental cases, since pollution almost always affects private life. Switzerland has signed the Paris accords and committed to curbing emissions so as to hold global warming to 1.5°C above pre-industrial levels. But it missed its target for 2020 and had no clear plan to meet its aim of a 50% cut by 2030. The ruling holds that Switzerland must implement regulations that achieve these goals. That is similar to recent decisions by the Dutch and German courts.

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