ECtHR decides on complaint by the association Klimaseniorinnen
Published: Friday, Apr 5th 2024, 04:40
Updated At: Tuesday, Apr 9th 2024, 05:01
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The Grand Chamber of the European Court of Human Rights (ECtHR) opens its judgment in the case of the Climate Senior Women's Association and four individual applicants today, Tuesday. At the same time, the Chamber will announce its decisions on two other climate complaints. The judgments will show where the jurisdiction of the judiciary extends in climate issues.
As the last national instance, the Federal Supreme Court dismissed the appeal by the Climate Senior Women's Association, arguing, among other things, that older women are not more affected by the consequences of climate change than other population groups.
The women would not be affected in their fundamental rights to life and respect for private life with the necessary intensity to defend themselves by means of the Federal Act on Administrative Procedure. This states that any person who has an interest worthy of protection can demand that the competent authorities refrain from unlawful acts.
The Federal Supreme Court is of the opinion that the senior citizens must assert their concerns by political means. With its democratic instruments, Switzerland offers sufficient opportunities to do so.
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In April 2017, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) received a submission from the climate seniors in which they criticized the authorities' failings in the area of climate protection. They demanded additional measures. However, the Uvek did not respond to their request.
The climate seniors have therefore tried to prove to the ECtHR with studies that older women are definitely more affected by the consequences caused by climate change, such as heat waves and the like, than other population groups. The federal government must therefore fulfill its duty to protect them.
At the public hearing in this case in March 2023, the representative of the Swiss government stated that the complaint was an attempt to suggest that Switzerland was inactive. He therefore pointed out the measures that the country has taken in the area of climate protection.
Several scenarios possible
It is difficult to predict how the ECtHR will rule. The question arises as to whether the Grand Chamber will consider the association to be entitled to bring an action for the asserted rights at all. For example, an association as such cannot have a right to family life, only the individual member. The situation is different for the four individual plaintiffs.
Should the ECtHR find a violation of Articles 2 (right to life) and 8 (right to private and family life), this would establish the federal government's duty to protect senior citizens. A possible obligation to formulate concrete goals or create laws could be associated with this.
If the court confirms a violation of Article 6 (right to a fair trial) and Article 13 (right to an effective remedy) asserted by the climate seniors, their concerns would have to be examined in a new domestic procedure. (Case 53600/20)
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