Helene Molander’s Post

🗞 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

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

📣 Landmark Ruling: Climate Inaction = Human Rights Violation The European Court of Human Rights has just issued a historic ruling: inaction on #climatechange infringes on #humanrights. This pivotal decision, brought forth by Swiss women, underscores the #legalresponsibility of governments, including Poland, to protect citizens from climate change’s harmful effects. This binding ruling, impacting 46 European countries, redefines climate change as a human rights issue, not just an environmental concern. As a lawyer, I foresee a surge in future cases holding governments accountable for their climate change actions or inactions. This ruling also highlights the importance of energy transformation. Transitioning to #sustainableenergy is vital for both climate change mitigation and human rights preservation. Viewed through the lens of business, this ruling has significant implications. It urges firms to reevaluate their #ESG strategies and #environmentalpolicies to prevent climate change exacerbation. Non-compliance could result in legal consequences, damaging both reputation and profitability. Proactive companies, though, can attract #environmentallyconscious consumers and investors. ▶ More information here: https://lnkd.in/dU7qWDN7 #ClimateChange #HumanRights #ECHR #Law #Environment #ESGruling #StrategicLitigation #EuropeanCourtofHumanRights

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

🌍 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

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

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

Win in the fight for climate justice! 🥳 Swiss women win landmark climate victory in European Court of Human Rights (ECHR). ⚖️ ECHR ruled in favour of a group of elderly Swiss women who argued that their government had inadequately protected individuals from the serious effects of climate change on their lives, health, well-being and quality of life. 🇨🇭 The verdict, which cannot be appealed, should compel the Swiss government to take action on reducing emissions in line with the Paris Agreement goal of limiting warming to 1.5 degrees Celsius. ⛔️ However, ECHR threw out two other climate cases, the first brought by six Portuguese youth against 32 European governments and another by a former French mayor against the French government. These two cases were deemed inadmissible. This ruling not only impacts climate policy in Switzerland but also sets an important precedent for pushing government action on climate change. This decision should force governments to do more to regulate the emissions of multinational companies that are causing climate catastrophes for people around the world. It shows the impact of litigation as a tool to push for climate action. Huge congratulations to #KlimaSeniorinnen and the four women behind this case. 🙌 #ClimateLitigation #climatechange #climateaction #SeniorWomenforClimate

Disappointing to see, in reports of Australia's submissions before the International Court of Justice in its landmark Advisory Opinion case, that the nation is adhering to the line that the UNFCCC and Paris Agreement are conclusive of states' obligations to address climate change. Australia joined other countries presenting to the court in taking a limited view of the customary law principle of prevention of transboundary harm, submitting that this principle does not extend to global pollution caused by greenhouse gas emissions. This stands in stark contrast to the position of Australia's Pacific neighbours, who are arguing for a more holistic understanding of the web of international obligations that require countries to reduce emissions and avoid harmful climate change. https://lnkd.in/gjGtAUcj It will be interesting to see how the ICJ approaches these arguments. In the Advisory Opinion decision earlier in the year of the International Tribunal for the Law of the Sea, the Tribunal notably rejected the argument that states' climate obligations were limited to the Paris Agreement and found a separate source of requirements for action on greenhouse gas-caused marine pollution in the UN Convention on the Law of the Sea. More broadly the ICJ proceedings are providing a window into the legal interpretations countries place on their international obligations to address climate change. In other international processes, like the Conference of the Parties meetings like the recently concluded COP29, much of this discussion is in negotiating rooms and sometimes behind closed doors.