Marika Mkheidze’s Post

🌍 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

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

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

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

Fifteen judges from around the world will seek to answer two questions: What are countries obliged to do under #internationallaw to protect the #climate and #environment from human-caused #greenhousegasemissions? And what are the legal consequences for governments where their acts, or lack of action, have significantly harmed the climate and environment? #climatejustice #justtransition #SIDS The second question makes particular reference to “small island developing states” likely to be hardest hit by climate change and to “members of “ the present and future generations affected by the adverse effects of #climatechange.” The judges were even briefed on the science behind rising global temperatures by the UN’s climate change body, the Intergovernmental Panel on Climate Change, ahead of the hearings.

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

🌍 "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". This is the headline conclusion from the European Court of Human Rights' judgment in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. The case was brought by Swiss claimants who alleged that their government had not done enough to mitigate the effects of climate change. The Court found that Article 8 (Right to respect for private and family life) had been breached. The judgment is highly significant, and is likely to influence litigation against both governments and companies. Although related cases against France (Carême) and Portugal and 32 other states (Duarte Agostinho) failed on admissibility and jurisdiction grounds, it is the Swiss judgment which will be most closely scrutinized in the weeks and months ahead. We will be considering further the implications of this judgment for climate litigation in Europe. https://lnkd.in/egK2d28T

Small island states that are threatened by sea level rise caused by climate change have taken the issue to the International Court of Justice. The case was opened today and could set a precedent in defining country responsibilities in protecting vulnerable nations against the effects of climate change - especially the countries that are known to be high carbon emitters. This is interesting in light of the change in government and potential trend in governments stepping away from ambitious climate commitments. If a precedent is set, there may be an ethical case for organizations to act outside of their domestic policy framework. But would that be strong enough? https://lnkd.in/g5EkbXUE

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

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