The right of individuals to enjoy effective protection by state authorities against serious adverse impacts on their life, health, well-being and quality of life arising from the harmful effects and risks caused by climate change Judgment of the European Court of Human Rights of 9 April 2024

Abstract

The European Court of Human Rights, sitting in its Grand Chamber, has ruled on the action brought by the Swiss association of elderly women Verein KlimaSeniorinnen Schweiz, together with four of its members, for infringement of two provisions of the European Convention on Human Rights: Article 8, which guarantees the right to respect for private and family life, and Article 6, paragraph 1, on the right to a fair trial.

The judgment declares, by a majority, with one partially concurring and one partially dissenting vote, that there has been a violation of Article 8 of the Convention by the Swiss State, to the detriment of the applicant association - which is recognised as having legal standing - by failing to act in a timely, appropriate and consistent manner in relation to the design, development and implementation of the legislative and administrative framework against climate change, exceeding its margin of appreciation and failing to comply with its positive obligations under that provision.

Moreover, the judgment unanimously finds that there has been a violation of Article 6(1) of the European Convention on Human Rights, with regard to the right of access to a court in favour of the applicant association, since the administrative and judicial authorities of the Swiss State dismissed the applicant  association’s claims without any of them addressing the substance of its claims.