‘Old Wives’’ win against the Swiss government, explained
In a recent judgment by the European Court of Human Rights (ECtHR) in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the Court found a violation of Article 8 (right to respect for private and family life) and Article 6 & 1 (access to court) of the European Convention on Human Rights.
The case involved a complaint by four women and an association, Verein KlimaSeniorinnen Schweiz, regarding the Swiss government’s inadequate action to address the effects of climate change. The Court ruled that while the individual applicants did not meet the victim-status criteria, the association had the right to bring a complaint on behalf of those affected by climate change.
The Court found that Switzerland failed to fulfill its obligations under the Convention concerning climate change, including gaps in the regulatory framework and failure to meet emission reduction targets. It criticized the Swiss authorities for not acting promptly or appropriately in implementing relevant legislation and measures.
Additionally, the Court held that Swiss courts had not adequately addressed the association’s complaints regarding the implementation of mitigation measures. They had not considered the compelling scientific evidence on climate change and had not taken the complaints seriously.
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