Switzerland Refuse The ECHR Climate Ruling Against Them

Wed, Jun 12th 2024

The National Council joins the Council of States in opposing additional climate protection measures following the European Court of Human Rights’ ruling.

The National Council also criticizes the climate ruling of the European Court of Human Rights. Like the Council of States, it does not want any additional measures for climate protection. The upper chamber adopted a declaration to this effect on Wednesday.

The declaration – similar to that of the Council of States – is entitled “Effective protection of fundamental rights by international courts instead of judicial activism”.

According to the main arguments of the declaration, the European Court of Human Rights (ECtHR) had exceeded the limits of permissible legal development with its ruling and disregarded democratic decision-making processes. After a lively debate, the National Council approved the declaration by 111 votes to 72 with ten abstentions.

At the beginning of April, following a complaint by the Climate Seniors Association, the Court found that Switzerland had violated the Convention on Human Rights. It had failed to fulfill its duties with regard to climate protection. The state must protect individuals from the consequences of climate change for life and health.

The National Council made its decision against the will of a left-green minority of its Legal Affairs Committee (RK-N) – consisting of Beat Flach (GLP/AG), Sibel Arslan (Greens/BS), Florence Brenzikofer (Greens/BL), Christian Dandrès (SP/GE), Martine Docourt (SP/NE), Tamara Funiciello (SP/BE), Jessica Jaccoud (SP/VD), Raphaël Mahaim (Greens/VD), Vincent Maitre (Center/GE) and Min Li Marti (SP/ZH).

Last week, the Council of States had already adopted an identical declaration with a narrow two-thirds majority. This was also on the recommendation of its Legal Affairs Committee (RK-S).

©Keystone/SDA

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