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May 8, 2024

European Court’s Climate Rulings: Government Inaction and Human Rights

The European Court of Human Rights in Strasbourg ruled on three climate cases, addressing the question of whether government inaction on climate change violates human rights. The court upheld a case brought by elderly Swiss women, who argued that their government’s insufficient efforts to combat climate change endangered them during heatwaves. However, two other cases, including one involving Portuguese youth seeking emission reductions to avert catastrophic climate change, were dismissed.

This ruling sets a notable precedent, marking the first instance where the European Court of Human Rights has addressed the potential violation of human rights under the European Convention by climate change policies. The Swiss women contended that Bern’s failure to reduce emissions in accordance with a trajectory aimed at limiting global warming to 1.5°C infringed upon their right to life, citing risks outlined in a UN Intergovernmental Panel on Climate Change report.

Anticipated to have far-reaching implications, these rulings are poised to influence climate-related legal proceedings throughout Europe and beyond, underscoring the judiciary’s role in holding governments accountable for safeguarding human rights from environmental harm. Rendered by the court’s Grand Chamber, these decisions offer a framework for similar cases and are likely to encourage more communities to challenge governments on climate action. Several other climate-related cases, including a lawsuit against Norway concerning oil and gas exploration permits beyond 2035, have been postponed pending these rulings.

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