https://lnkd.in/dr4Tnf2u The European Court of Human Rights' verdict on Verein KlimaSeniorinnen Schweiz et al. vs Switzerland marks a crucial moment, recognizing climate inaction as a breach of human rights. This ruling underscores the imperative for immediate and effective state-led measures against climate change. #ClimateAction #HumanRights It’s a wake-up call for us all to advocate for policies ensuring our environmental efforts align with safeguarding human rights. Together, we can steer towards a sustainable and just future. #SustainableFuture #EnvironmentalJustice
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The European Court of Human Rights is about to deliver rulings on two landmark climate justice cases. These decisions could be a game-changer for how countries address climate change and protect human rights. It's no coincidence that the plaintiffs in these landmark cases represent groups most severely affected by climate change - women and youth. In "Verein KlimaSeniorinnen Schweiz and Others v. Switzerland," a group of Swiss women argue their government's inaction threatens their health, particularly during heatwaves. They believe this inaction violates their human rights. The second case, "Duarte Agostinho and Others v. Portugal and 32 Others," is particularly groundbreaking. Six young Portuguese citizens are suing a record-breaking 33 European countries! They claim these nations' failure to cut emissions fast enough jeopardizes their present and future health, violating their human rights. Rising temperatures already limit their ability to play outdoors and even impact their sleep. Experts warn of even more extreme weather events if emissions aren't curbed. Save the Children has played a significant role in this historic youth case through a legal intervention. The rulings are expected on April 9th. This is a critical moment for climate justice in Europe, with global implications.
Forthcoming rulings
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The ruling by the European Court of Human Rights on climate inaction appears to be a significant development. The court's decision in favour of KlimaSeniorinnen underscores the growing recognition of the intersection between climate change and human rights. 🇨🇭 It will now be interesting to observe how Switzerland, EU nations and the UK respond to this ruling and what steps they take to address climate change more effectively. This ruling highlights once again the importance of introducing robust climate policies to its citizens and the need for governments to outline coherent actions to mitigate the impacts. #climatechange https://lnkd.in/e8eJREBy
First ever climate change victory in Europe court - BBC News
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Landmark game-changing ruling of the European Court of Human Rights: the Swiss authorities are not taking sufficient action to mitigate the effects of climate change in violation of human rights. Other climate change cases declared inadmissible due to non-exhaustion of domestic remedies. Council of Europe #InternationalLaw #HumanRights #ClimateChange #GlobalWarming #EuropeanCourtOfHumanRights
Grand Chamber rulings in the climate change cases
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Insufficient action on climate change remains a global concern, but recent developments are sparking hope for meaningful change. The European Court of Human Rights landmark ruling against Switzerland, for violating the Convention on Human Rights, sets a crucial precedent. In a victory for a women's association championing climate justice, this ruling highlights the power of legal action in holding governments accountable for their environmental responsibilities. This verdict not only delivers justice but also serves as a wake-up call for nations worldwide. With approximately 2500 climate-related lawsuits filed globally, it's evident that communities are demanding urgent action on decarbonization and emission reduction. These legal actions underscore the shared responsibility we all have in safeguarding our planet's future. As professionals, entrepreneurs, and leaders, we must recognize the significance of these legal challenges. They signal a pivotal moment in our collective efforts to combat climate change. Let's heed this call to action and prioritize sustainable practices in our businesses, communities, and policy advocacy. Together, we can drive the transformative change needed to secure a greener, more sustainable future for generations to come. #ClimateAction #Sustainability #LegalJustice
Grand Chamber rulings in the climate change cases
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Earlier this week, the European Court of Human Rights handed down decisions for three highly anticipated climate cases. In both the Portuguese children's case (Duarte Agostinho and Others v. Portugal and 32 Others) and the case of Carême v. France, the court has declared the applicants' claims inadmissible on grounds related to extraterritorial jurisdiction of the Court. This means the court will not rule on the applicants' substantive claims regarding the impacts of governments' climate inaction on their human rights. In the third 'Swiss grandmas' case (Verein KlimaSeniorinnen Schweiz and Others v. Switzerland), the Grand Chamber of the ECHR has delivered a judgment finding a violation of the right to respect for private and family life. A majority of the judges (notably 16 to 1) held that Article 8 of the European Convention on Human Rights encompasses a right to effective protection by the State authorities from the serious adverse effects of climate change on lives, health, well-being and quality of life. This represents the first time an international court has found that a state's failure to take adequate action on climate change can give rise to a violation of human rights. This case has the potential to influence the outcomes of climate litigation in other European countries, as well as other international bodies, in their decisions about the legal ramifications of inadequate climate policies. The case also represents a leap forward in the climate justice movement. Find the press releases here: https://lnkd.in/dbgVFnB2 #climatelitigation #ECHR #justice #judiciary
Grand Chamber rulings in the climate change cases
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🌍 European Court of Human Rights - Landmark Climate Rulings Approaching! April 9, 2024, is set to be a major moment for climate litigation as the European Court of Human Rights prepares to release its rulings on three landmark climate cases. These cases are not just about legalities; they represent a pivotal juncture for climate accountability and justice. The cases include: - Verein Klimaseniorinnen Schweiz and Others v. Switzerland - Carême v. France - Duarte Agostinho and Others v. Portugal and 32 other States It is expected that the rulings will set a precedent, shaping the future of climate-related litigation not only in Europe but globally. In essence, these cases raise critical questions about States' obligations in the face of climate change, including: - The duty of States to implement climate mitigation and adaptation policies to prevent foreseeable human rights harms. - Determining who can claim protection and seek remedies under the European Convention of Human Rights. - Addressing extra-territorial harms caused by activities under a State's jurisdiction. - Incorporating the Paris Agreement and climate science into the interpretation of human rights obligations. The importance of this moment in international climate litigation isn't just about the legal technicalities but rather safeguarding our Planet and its inhabitants, present, and especially the future. One crucial aspect highlighted in these cases is the impact of climate change on children's rights. In ‘Duarte Agostinho and Others v. Portugal and 32 others’ children and youth are standing up, claiming that the forest fires in Portugal, exacerbated by global warming, directly threaten their health and well-being. They cite disrupted sleep patterns, allergies, respiratory problems, and anxiety as just some of the consequences they endure and are demanding that States fulfill their obligations under international conventions, particularly the United Nations Convention on the Rights of the Child. #ClimateLitigation #HumanRights #ChildrensRights #ClimateChangeAwareness 🌱🌏 https://lnkd.in/dw-5ZQJi
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The struggle of small islands for their survival concerns us fully and makes clear the gravity of the climate crisis. "A major case at the International Court of Justice (ICJ) may pave the way for more climate change litigation and help for poorer and vulnerable states." Read more https://lnkd.in/ejEFYV-3 #unitednations #future #sustainability #extremeweather #climatechange
Small island states seek climate change justice at top UN court
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The European Court of Human Rights has ruled that effective protection from climate change is an actionable right for every signatory of the European Convention of Human Rights. Effectively, this may open up legal pathways for EU citizens to sue their state in case of insufficient climate policies. There are two contradictory main objections against this ruling. One is that courts are not democratically legitimized and therefore should not dictate state-led climate policies. The other is that climate change is a global challenge and therefore any single state cannot be legally responsible to address it. However, any existing global institution that (hypothetically) could coordinate such action (hello UN) is not - and likely never will be - more democratically legitimized than a court. In absence of viable alternatives and considering the failing self-commitment of states for effective climate policy, this critique thus falls flat. While voluntary climate action is always preferrable, new legal instruments for enforcement are, with regard to the challenges ahead, a necessity. #zerodegrees https://lnkd.in/eF2Fk48n
Grand Chamber rulings in the climate change cases
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This is epochal: the european court of human rights rules against Switzerland and in favour of the Klimaseniorinnen: Switzerland does not sufficiently adress climate change: „The Court found that the Swiss Confederation had failed to comply with its duties (“positive obligations”) under the Convention concerning climate change. There had been critical gaps in the process of putting in place the relevant domestic regulatory framework, including a failure by the Swiss authorities to quantify, through a carbon budget or otherwise, national greenhouse gas (GHG) emissions limitations. Switzerland had also failed to meet its past GHG emission reduction targets. While recognising that national authorities enjoy wide discretion in relation to implementation of legislation and measures, the Court held, on the basis of the material before it, that the Swiss authorities had not acted in time and in an appropriate way to devise, develop and implement relevant legislation and measures in this case.“ https://lnkd.in/ddnv8NeJ
Grand Chamber rulings in the climate change cases
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We urgently need a societal shift from ego-centricity to eco-consciousness and preserve Earth as a life-supporting system. Calling all leaders to step up their game and contribute - in their unique ways - to a just and sustainable future for all.
We need political leaders with the capacity and motivation to tackle climate change. The European Court's ruling emphasizes the urgent need for compassionate leadership to protect vulnerable populations. #ClimateLeadership #CompassionForAll https://bbc.in/49GUqtd
European court rules human rights violated by climate inaction
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