Human Rights Court should stick to its core task
Published: Thursday, Sep 5th 2024, 14:40
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The criticism of the European Court of Human Rights following the ruling in the case of the climate seniors shows no sign of abating. The Federal Council is prepared to work with the other contracting states to ensure that the Court in Strasbourg sticks to its core task.
It proposes a Yes to a motion by FDP member of the Council of States Andrea Caroni (AR), which states that the European Court of Human Rights (ECHR) should not allow any non-material complaints by associations and should not "restrict the legitimate discretionary powers of states by means of excessive interpretation of fundamental rights".
As a measure, Caroni is considering negotiating a corresponding binding protocol to the European Convention on Human Rights (ECHR). The Federal Council published its opinion on Thursday. It did not justify its voting recommendation.
Last April 9, the ECtHR published its ruling on the climate seniors' complaint; it found a violation of the ECHR. In doing so, the Court extended the Convention to cover protection against the effects of climate change and affirmed the legitimacy of associations to lodge complaints on climate issues.
At the end of August, the Federal Council stated that case law should not lead to an extension of the scope of the ECHR. It rejects an extension of the right of appeal to climate issues. This opinion on the ruling triggered sharp criticism. Parliament also criticized the ECHR ruling.
The Council of States will decide on the motion next.
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