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Top EU Court Rules Swiss Climate Inaction Violates Human Rights in Landmark Case

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Environmental advocates say the decision will likely have ripple effects throughout Europe and beyond.
A decision handed down by one of the European Union’s top courts on Tuesday should signal to governments across the bloc and beyond that their time may soon be up when it comes to delaying climate action, as the panel ruled the Swiss government has violated the human rights of its senior citizens by refusing to abide by scientists’ warnings and swiftly phase out fossil fuel production.
The European Court of Human Rights (ECHR) announced its decisions in three separate climate cases, including one brought by the KlimaSeniorinnen, or Senior Women for Climate Protection, in Switzerland.
The group of about 2,400 women aged 64 and up argued last year that the Swiss government has violated their rights by failing to reduce greenhouse gas emissions enough to stop intensifying heatwaves and other climate impacts from affecting citizens.
The plaintiffs cited research showing that older women are particularly vulnerable to heat-related illnesses and death.
Switzerland has pledged to cut planet-heating fossil fuel emissions by 50% from 1990 levels by the end of the decade. In 2021 voters rejected a proposal to tax airline tickets and fuel to help the country meet its goal.
According to the Swiss Federal Office of Meteorology and Climatology, Switzerland is warming at twice the rate of the global average.
The Climate Action Tracker has classified Swiss climate policies and actions as “insufficient,” partially because it has implemented agreements with other countries to offset its domestic emissions in an attempt to reach net zero emissions by 2050.
Gerry Liston, an attorney representing another group of litigants from Portugal, told The New York Times that the ECHR’s acknowledgment that Switzerland’s policies are not based in science was especially significant.
“No European government’s climate policies are aligned with anything near” the Paris climate agreement’s goal of limiting planetary heating to 1.5°C, Liston said, “so it will be clear to those working on climate litigation in those countries that there is now a clear basis to bring a case in their national courts.

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