NewsWhat can retired women do? Win a landmark climate case against the government

What can retired women do? Win a landmark climate case against the government

Swiss senior women have filed a complaint against Switzerland to the European Court of Human Rights for conducting an inappropriate climate policy, thus violating human rights.
Swiss senior women have filed a complaint against Switzerland to the European Court of Human Rights for conducting an inappropriate climate policy, thus violating human rights.
Images source: © Greenpeace | © Miriam Künzli / Greenpeace

7:37 AM EDT, April 20, 2024

A group of over 2,500 senior women from Switzerland has accused their government of failing to adequately address climate change, winning their case at the European Court of Human Rights.

It might be surprising to some that they could organize into a significant group and challenge their government at the European Court of Human Rights. Yet, that is precisely what happened with over 2,500 Swiss women, most of whom are over 70.

Historic ruling

The case taken to Strasbourg by KlimaSeniorinnen Schweiz marks a historic moment. For the first time, the Court assessed the extent of a government's responsibility towards climate protection. Thus, its decision to acknowledge such responsibility is groundbreaking.

In its verdict, the Court found that Switzerland infringes on the human rights of older women by not taking adequate measures against climate change. The country failed to meet its own, albeit insufficient, targets for reducing greenhouse gas emissions. Furthermore, authorities have neither acted promptly nor adequately in implementing strategies to mitigate the effects of climate change.

The consequences include more frequent and severe heatwaves, which pose a significant threat to the health and private and family lives of older women. This situation violates Article 8, which concerns the right to respect for private and family life. Notably, the Court sided with the claimants and accorded them victim status.

This ruling is not just a victory for the Senior Women for Climate Protection. Our victory is a victory for all generations - summed up Rosmarie Wydler-Wälti, co-chair of KlimaSeniorinnen.

Switzerland must now align its climate objectives with scientific recommendations and implement these goals.

Global significance

The Court's decision is final, with no possibility of appeal. It establishes a legal precedent for the 46 countries signatories to the European Convention on Human Rights. These nations can now be urged by their citizens to review and, if necessary, bolster their climate policies based on this ruling.

This ruling is not just a victory for the Senior Women for Climate Protection. Our victory is a victory for all generations. Especially for the Portuguese youth, whose generation will be beneficiaries of a long-term improved climate. The presence of the young people in the courtroom showed the judges the face of human rights for the future - stated Cordelia Bähr, the principal lawyer for the senior women.

This ruling, considering the European Court of Human Rights' esteemed international standing, will be influential as a so-called non-binding precedent. It will be factored into the evaluation of climate cases not just in Europe but also in non-European courts where allegations of human rights violations are made.

The Court may examine whether a country has established a timeline for achieving climate neutrality or interim targets for carbon dioxide emission reductions and whether the evidence supports attaining these goals.

This is just the beginning

Climate change is often seen as a concern primarily for the younger generation, who will bear the brunt of its escalating impacts. However, the Swiss case illustrates that it's an issue of importance for everyone.

We are not made to sit in a rocking chair. We know statistically that in 10 years we will be gone. So whatever we do now we are not doing for ourselves, but for the sake of our children and our children's children - shared Elisabeth Stern, a 76-year-old KlimaSeniorinnen member, with the BBC.

It is important to note that the story does not end in Strasbourg. The KlimaSeniorinnen case is also set to be considered by the International Court of Justice. Next year, it will review governmental commitments to climate justice, including Switzerland's.

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