The International Commission of Jurists (ICJ) is concerned by the declaratory and non-binding decision of the National Council, the Swiss Parliament’s lower chamber, on 12 June 2024, inviting the Federal Council, the Swiss Government, effectively to ignore the landmark ruling of the Grand Chamber of the European Court of Human Rights (ECtHR) in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland.
“The decision is all the more concerning as it comes in the wake of a similar one earlier this month by the other chamber of the Swiss Parliament, the Council of States, criticizing the European Court of Human Rights and its judgment in this case. Not only these decisions set a problematic precedent from a rule of law perspective, but they also come at a time when global cooperation on climate issues is more crucial than ever”, said Prof. Marco Sassoli, ICJ Commissioner and Vice-President of the Swiss section of the ICJ.
On 9 April 2024, the ECtHR ruled that Switzerland had violated the European Convention on Human Rights (ECHR) by failing to take sufficient measures to meet its climate commitments under the 2015 Paris Agreement. The Court held that inadequate climate policies in Switzerland exposed older women to significant risks, thus violating their rights under Article 8 (right to respect for private and family life) and Article 6 (right to a fair trial) of the ECHR.
In its judgment the ECtHR considered in great detail Switzerland’s efforts to meet its human rights obligations arising from the adverse effects of climate change, particularly to limit greenhouse gas (GHG) emissions to mitigate the existing and future effects of climate change. With respect to this, the Court found that the Swiss authorities had failed to give effect to their positive obligations under the ECHR to take the necessary measures capable of mitigating the existing and potentially irreversible, future effects of climate change, such as measures capable of reducing GHG emission levels. The ruling underscored the obligation of States to protect the environment and mitigate climate change, affirming that such obligations are integral to upholding human rights.
“Both under Swiss law and international law Switzerland has undertaken to comply with the ECHR and judgments of the ECtHR. To declare that court judgments should not be complied with is a serious blow to the rule of law and a dangerous precedent,” said Prof. Sassoli.
The ECtHR’s ruling in the Verein KlimaSeniorinnen Schweiz case represents a significant achievement for human rights and environmental protection. The Court found that Switzerland had failed to protect individuals from the adverse effects of climate change, thereby violating their rights to health, well-being, and quality of life. This decision sets a precedent, affirming that States have positive obligations under the ECHR to adopt and effectively implement measures to mitigate climate change and its harmful impact.
If the Federal Council followed the invitation of both chambers of the Swiss Parliament and decided not to comply with the ECtHR’s judgment, it would not only neglect Switzerland’s human rights obligations, but it would also fail to use this opportunity to address the urgent and pressing issue of climate change. The consequences of such a move would be extremely serious from a rule of law perspective, but also for already vulnerable populations, such as the elderly, who are disproportionately affected by extreme weather events and environmental degradation.
Failing to comply with the judgment could also encourage other States to follow suit, weakening the execution of commitments and obligations under international law. Switzerland, traditionally a strong human rights advocate, must uphold its international obligations setting a positive example.
The ICJ calls on the Swiss Government to decline to follow the request to ignore this landmark ECtHR ruling and, instead, to fully comply with it. Upholding the rule of law and adhering to international judicial decisions are essential for maintaining the effectiveness and credibility of the international human rights protection system. The ICJ urges Switzerland to uphold its international legal obligations, respect the judgments of the ECtHR, and take meaningful action to address climate change.
Background
In 2021, the ICJ and the Swiss Section of the ICJ submitted a third-party intervention in the case that was brought by an association registered under Swiss law, Senior Women for Climate Protection Switzerland (Verein KlimaSeniorinnen Schweiz, the applicant association), and by four Swiss nationals, all members of that association, on 26 November 2020. The ICJ and the Swiss Section of the ICJ provided the Court with expert observations, including on the meaning of direct and indirect victims of human rights violations, on the victim status of associations and NGOs, on the right of access to court and to an effective remedy.
Earlier this year, the ICJ welcomed the landmark ECtHR decision to hold Switzerland accountable for climate justice failures, saluting the judgement as protecting human rights of those who live today and of future generations, in Switzerland and everywhere in the world.
The ECtHR’s ruling underscores the vital connection between human rights and environmental protection. By finding that Switzerland had failed to protect individuals from the adverse effects of climate change, the Court affirmed that States have positive obligations under the ECHR to implement measures that mitigate environmental harm. This precedent highlights the necessity for States to adopt climate policies that safeguard not only the environment but also the health and well-being of their societies.
On 12 June 2024, the National Council, the Swiss Parliament’s lower chamber, passed a non-binding declaratory decision rejecting the ECtHR’s ruling in the Verein KlimaSeniorinnen Schweiz case. The Parliament invited the Government “to transmit to the Committee of Ministers information concerning the content of Switzerland’s action plan, in accordance with art. 46 ECHR.” This includes a statement that Switzerland “sees no reason to give further effect to the Court’s decision of 9 April 2024, given that its past and current climate policy efforts meet the human rights requirements set out in the ruling.”