Swiss Courts Render Political Judgments in Climate Cases
Published: Thursday, Jul 20th 2023, 12:00
Mise à jour le : Vendredi, 13 octobre 2023, 14:12
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A study conducted by the universities of Bern and Lausanne has found that when it comes to climate activist cases, courts are making political decisions without being aware of it. The majority of courts did not consider climate change from the perspective of human rights. Swiss judicial authorities viewed climate change as a fact, but assumed that consequences and solutions should not be brought before a court. Non-violent resistance was treated as a crime rather than a misdemeanour. The courts gave less weight to the right to freedom of expression and assembly than to the right to private property and freedom of movement. The study authors concluded this based on the analysis of around 150 judgments. In summary, this study found that courts are making political decisions without being aware of it, and that non-violent resistance is treated as a crime rather than a misdemeanour. The right to freedom of expression and assembly is given less weight than the right to private property and freedom of movement.
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