Climate inaction: Switzerland condemned by the European Court of Human Rights, a first for a State
The European Court of Human Rights (ECHR) issued a landmark ruling on Tuesday, condemning Switzerland for the first time for its lack of action on climate change, a decision that will apply to all 46 member states of the Council of Europe.
A "new, clearly defined right
"What is fundamental is that the ECHR extends human rights to the issue of climate," explains Arnaud Gossement, a lawyer specializing in environmental law. A "new right is clearly defined": that of individuals to be protected by States against the harmful effects of climate change, the threat of which is now recognized by the ECHR
"The scientific reality of climate risk is recognized"
"The ruling recognizes in several places, in a very solemn manner, the scientific reality of climate risk, by mentioning the IPCC reports and the high quality of this work. It was very important for a court of law to acknowledge what the scientific experts had already done, and this is the first time, to my knowledge, that an international court has done so", notes Laurence Burgorgue-Larsen of the Swiss association Seniors for the climate.
Beyond Europe, this judgment could also influence three international jurisdictions - the International Court of Justice, the International Tribunal for the Law of the Sea and the Inter-American Court of Human Rights - which are due to rule shortly on the obligations of states in relation to climate.
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