Florian Goppel’s Post

Important judgment in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: The Court found that Article 8 must be seen as encompassing a right for individuals to effective protection by the State authorities from serious adverse effects of climate change on their life, health, well-being and quality of life. The Court, in its role as a judicial body tasked with the enforcement of human rights, has to ensure that the High Contracting Parties respect their engagements to the European Convention on Human Rights and its Protocols (Article 19 - Establishment of the Court). Measures designed to combat climate change and its adverse effects require legislative action both in terms of the policy framework and in various sectoral fields. Such action necessarily depends on democratic decision-making. The remit of national courts and this Court is complementary to those democratic processes. The Court found that Switzerland had failed to comply with its duties ("positive obligations") under the Convention on climate change. The Swiss authorities had not acted in time and in an appropriate way to devise, develop and implement relevant legislation and measures to mitigate the effects of climate change in this case.

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

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

🗞 Ground-breaking news: The Grand Chamber of the European Court of Human Rights (ECHR) has ruled in three climate change cases - where one ruling was in favor of the applicant! 🔥 In the case Verein KlimaSeniorinnen Schweiz and Others v. Switzerland four women and a Swiss association filed a complaint regarding concerns over the consequences of global warming on their living conditions and health. The Court found that the Swiss Confederation had failed to comply with its duties (“positive obligations”) under the European Convention on Human Rights concerning climate change. No claim had been submitted for damages and was consequently not awarded. In the two other cases, the Court declared the respective applications inadmissible. 🔗 Link to the press release and rulings: https://lnkd.in/ge2BY5im My good colleagues Christina Melstrup Toft, Andrew Poole and Mathias Sponholtz recently wrote a great article about climate litigation in Denmark. Reach out for a copy! Now, we will be analysing the implications - and share our thoughts at our ESG - regulation and loan agreements course tomorrow 👀 #ESG #ESGlitigation #Climateaction #Climatelitigation #KromannReumert Sofie Jensen - Lea Husted Petersen

🌍 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

Yesterday saw a landmark ruling by the Grand Chamber of the European Court of Human Rights (#ECHR) making the connection between #HumanRights and climate change (#globalwarming).#ClimateChange To be more precise, the ECHR delivered rulings in three different climate change cases. The facts of the three cases varied widely. Still, they all hinged on the question of whether government inaction on climate change had violated fundamental human rights. In two of the cases the applications were declared inadmissable. In the third case and landmark ruling (”Verein KlimaSeniorinnen Schweiz and Others v. Switzerland”), the ECHR held (by a majority of sixteen votes to one) that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights and (unanimously) that there had been a violation of Article 6 § 1 (access to court). According to the court, 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.” (See the Press Relase) The ruling is bindning and can influence all of the countries that are members of the Council of Europe. The ECHR established in 1959 sometimes calls itself ”the conscience of Europe” and in this case it demonstrates its objective to be a linchpin for the protection of human rights. A very interesting read indeed.

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

Wopke Hoekstra: EU must quicken green efforts after election The incoming cadre of European Union officials are urged to expedite efforts to reduce greenhouse gas emissions and brace for an increase in extreme weather events. This is the message from EU climate chief Wopke Hoekstra, following scientists’ recent alert that Europe is ill-prepared for the impacts of climate change. This call to action arrives at a politically sensitive time, as growing opposition to environmental policies is pressuring Brussels to ease some environmental regulations, and politicians are tempering their climate goals in the lead-up to the EU elections in June. https://bit.ly/3OGgAUR Despite these challenges, Hoekstra emphasized in a Tuesday interview with Politico that Brussels must maintain, if not increase, its focus on climate action in the years ahead. https://bit.ly/43hQ3TH He underscored the need for the bloc to bolster its resilience to climate change. This substantial task involves constructing dikes to safeguard coastlines from rising sea levels and ensuring hospitals are equipped to handle an increase in tropical diseases. Hoekstra warned that even if the EU perfectly executes its plan to eliminate its contributions to global warming in the coming decades, we will unfortunately still experience more adverse effects, including increased droughts and flooding. In response to the European Environment Agency’s inaugural climate risk report https://lnkd.in/d-nzkgrv , which urged the bloc to take immediate action and intensify efforts to protect lives and livelihoods, the European Commission, the EU’s executive body, issued a statement on Tuesday afternoon. The Commission acknowledged in its communiqué that both the EU and its member states must significantly improve their preparedness and response to climate risks. Picture credit: rtbf #europeanunion #europeancommission #greendeal #farmerprotest2024 #climatecrisis #euelections2024

Wopke Hoekstra: EU must quicken green efforts after election The incoming cadre of European Union officials are urged to expedite efforts to reduce greenhouse gas emissions and brace for an increase in extreme weather events. This is the message from EU climate chief Wopke Hoekstra, following scientists’ recent alert that Europe is ill-prepared for the impacts of climate change. This call to action arrives at a politically sensitive time, as growing opposition to environmental policies is pressuring Brussels to ease some environmental regulations, and politicians are tempering their climate goals in the lead-up to the EU elections in June. https://bit.ly/3OGgAUR Despite these challenges, Hoekstra emphasized in a Tuesday interview with Politico that Brussels must maintain, if not increase, its focus on climate action in the years ahead. https://bit.ly/43hQ3TH He underscored the need for the bloc to bolster its resilience to climate change. This substantial task involves constructing dikes to safeguard coastlines from rising sea levels and ensuring hospitals are equipped to handle an increase in tropical diseases. Hoekstra warned that even if the EU perfectly executes its plan to eliminate its contributions to global warming in the coming decades, we will unfortunately still experience more adverse effects, including increased droughts and flooding. In response to the European Environment Agency’s inaugural climate risk report https://lnkd.in/dwnYY3AT , which urged the bloc to take immediate action and intensify efforts to protect lives and livelihoods, the European Commission, the EU’s executive body, issued a statement on Tuesday afternoon. The Commission acknowledged in its communiqué that both the EU and its member states must significantly improve their preparedness and response to climate risks. Picture credit: rtbf #europeanunion #europeancommission #greendeal #farmerprotest2024 #climatecrisis #euelections2024

*******Climate change litigation ALERT***** The Grand Chamber of the ECHR has delivered rulings in 3 climate change cases. In the case Verein KlimaSeniorinnen Schweiz and Others v. Switzerland the ECHR recognizes a right to effective protection from climate change!!! More precisely, the ECHR recognizes that the Convention 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. It accepts a violation of the right to respect for private and family life of the Convention and a violation of the right to access to the court and finds that the Swiss Confederation had failed to comply with its duties (“positive obligations”) under the Convention concerning climate change. More about it https://lnkd.in/dHUaKgb5 https://lnkd.in/df9Dqvbt #climatechange #environmentalprotection #ECHR #humanrights #stateresponsibility #climatelitigation