On Tuesday 9 April, the European Court of Human Rights ruled for the first time on state responsibility for climate action.
Three countries were involved: Switzerland, accused by the association ‘Senior Women for Climate Protection’ (2,500 women over the age of 65), France, accused by the former mayor of Grande-Synthe, now an MEP, Damien Carême, and six young Portuguese men, who were suing no fewer than 32 countries (the 27 members of the European Union as well as the United Kingdom, Switzerland, Norway, Turkey and Russia).
Only Switzerland has been condemned in a Grand Chamber judgment that is not subject to appeal.
“The Confederation has failed to fulfil its obligations (...) under the [European Convention on Human Rights] in relation to climate change”, the Court reasoned, finding “critical gaps in the process of putting in place the relevant domestic regulatory framework, including a failure by the Swiss authorities to quantify, through a carbon budget or otherwise, national greenhouse gas emissions limitations”.
By 16 votes to the British judge’s one, the Court found that there had been a violation of Article 8 of the Convention enshrining the “right to respect for private and family life”.
According to the judgment – which also found a breach of Article 6 § 1 (right to a fair trial) – by failing to take sufficient action to combat climate change, Switzerland had failed to fulfil its obligations to protect the applicants from the serious consequences of this crisis on their lives, health, well-being and quality of life.
The other two cases, on the other hand, were deemed “inadmissible”.
That of Damien Carême, on the grounds that he cannot claim to be a victim, as he no longer lives in Grande-Synthe.
That of the young Portuguese because they had not exhausted national remedies and no title to jurisdiction could be established in respect of the other states they challenged.
Described as historic, these judgments could set a precedent, with the Court stating that six climate cases have been adjourned pending the Grand Chamber’s decisions.
The European Commission, for its part, has announced that it is studying these cases, which serve as a reminder of the importance of climate action for citizens.
It pledges to “apply EU law” and reaffirms the target of carbon neutrality by 2050. (Original version in French by Véronique Leblanc)