Judgment from Strasbourg: Climate protection is a human right

ZDF Today Judgment from Strasbourg: Climate protection is a human right by Jan Henrich and Sebastian Langer 04/09/2024 | 3:15 p.m The European Court of Human Rights has ruled that there is a human right to effective climate protection. A climate lawsuit brought by senior citizens from Switzerland was successful. Groundbreaking ruling: The European Court of Human Rights has upheld a climate lawsuit filed by Swiss senior citizens. Switzerland's inadequate climate protection violates their rights. 04/09/2024 | 1:35 minutes Does a lack of climate protection also mean a violation of human rights? The European Court of Human Rights (ECHR) has now answered this question in the affirmative - and has thus broken new ground. The judgment represents a fundamental decision with far-reaching signaling effects. In a groundbreaking ruling, the European Human Rights Court condemned Switzerland for its lack of climate protection. “The court has created a new precedent,” said ZDF reporter Jan Henrich. 04/09/2024 | 1:06 minutes ECHR condemns Switzerland to more climate protection Three climate lawsuits were due to be decided by the ECHR this Tuesday. The lawsuit brought by the “KlimaSeniorinnen” association against Switzerland was successful. Graphics on climate change at a glance Specifically, the judges at the ECHR decided that Switzerland's inadequate climate protection violated the human rights of the senior citizens who were suing. In doing so, the Court took the right to private and family life (Article 8 of the Human Rights Convention) to mean a right to effective protection against the adverse consequences of climate change on life, health, well-being and quality of life. Everyone has the right to respect for their private and family life, their home and their correspondence. Human Rights Convention, Article 8 (1) Switzerland has not lived up to this obligation. This company failed to draw up a CO2 budget or otherwise calculate how much it had to reduce its emissions. Although the ruling initially only binds Switzerland, it is likely to have set a precedent for all future climate lawsuits. Only indirect effects on Germany The ECHR ruling initially only has an indirect impact on Germany. According to the environmental lawyer and lawyer Roda Verheyen, the German legislature will also have to check to what extent the current climate protection law corresponds to the principles established by the ECHR. In my view, the ECHR has today strengthened the position of those who say that climate protection must become a reality and not just on paper. Climate lawyer Roda Verheyen What is crucial for her is that the ECHR also viewed the implementation of climate protection by states as part of human rights. Seniors demand a review of climate policy The Swiss had argued that Switzerland was not doing enough to curb climate-damaging emissions. They are directly affected by this. More frequent heat waves would have a particularly negative impact on the health of older women. The group had previously been unsuccessful in its lawsuit in Swiss courts. For the first time, the European Court of Human Rights has condemned a country for inadequate climate protection. Switzerland is therefore violating the human rights of its citizens. 04/09/2024 | 0:20 min Portuguese young people are suing 32 countries Six Portuguese young people between the ages of eleven and 24 also moved to Strasbourg with their concerns. Their lawsuit was simultaneously directed against all EU member states as well as Norway, Russia, Switzerland, Turkey and the United Kingdom. A trigger for their lawsuit was the severe forest fires in Portugal in 2017. What are the legal consequences of an ECHR ruling? The European Court of Human Rights (ECtHR), with its 46 member states, adjudicates on complaints relating to violations of the rights recognized in the European Convention on Human Rights. The decisions are officially binding, even if the enforcement of the judgments is handled differently in the respective countries. Normally, in its rulings, the Court determines whether a human rights violation has occurred and orders states to remedy it. In addition, the affected persons can also be awarded compensation. They argued that climate change was already having damaging effects on their physical and mental health. As a result, their human rights are violated. However, their lawsuit was dismissed because they had not previously appealed to the national courts, as was generally required. Despite their defeat, they were happy with the Swiss seniors: Your victory is also a victory for us and a victory for everyone!