On 22 September 2021, several human rights organizations submitted a joint third-party intervention in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland before the European Court of Human Rights (ECtHR). The intervenors drew on international, regional and comparative constitutional law standards to reaffirm States’ clear human rights obligations to adopt and enforce adequate and effective measures to address the climate crisis by reducing emissions within their territories and extraterritorially, based on the best available science and consistent with the Paris Agreement, in conformity with human rights standards, and with a focus on protecting communities facing greater risks, such as older women.

THE CASE

In the Verein KlimaSeniorinnen Schweiz Case, a group of elder Swiss women have sued the Swiss government for failing to adhere to its international climate change ambitions. The Swiss CO2 law is insufficient to limit global warming to 2 degrees celcius, as elaborated by the group. Since elderly women are particularly at danger to suffer health consequences due to increased temperatures. The group has sought a legally binding decision from the ECtHR requiring governments in Europe to take the urgent action needed to stop the climate crisis and to protect communities facing greater risks, such as older women.

The case was admitted to and fast-tracked by the ECtHR in March 2021 and is thus the second case on the climate crisis in front of the court. GI-ESCR also participated in the writing of an Amicus Curae on the prior case, Duarte Agostinho and others v. Portugal and others , which can be found here.

WHAT NEXT

If the plaintiffs are successful in their application, it will have a significant impact across Europe and indeed beyond for climate justice and human rights and will shine a light on the intersectionality of the climate crisis.

WHY WE SUBMITTED AN AMICUS AND WHAT IT COVERS

The aforementioned joint third-party intervention supporting the KlimaSeniorinnen case aims to establish the impacts of the climate crisis on rights pertaining to a healthy environment and related economic, social and cultural rights, as well as the right to life, as a foundation triggering positive human rights obligations of States to take adequate action to address the climate crisis and protect communities facing greater risks.

GI-ESCR contributed especially to the sections B (“The disproportionate impacts of the climate crisis on the human rights of older women and other specific populations and corresponding State duties to ensure substantive equality and prevent and redress intersectional discrimination”), and C (“The State duty to prevent climate change related human rights harm, including through progressive realisation, utilising the maximum available resources, and effectively regulating businesses”).

The amicus further elaborates on the applicable UN and regional human rights standards and comparative constitutional law standards that elucidate the impacts of the climate crisis on the full enjoyment of human rights, including economic, social, cultural and environmental rights. In doing so, the amicus makes important connections between the international environmental law and the international human rights law standards, breaking down the respective silos.

LIST OF ORGANISATIONS

ALTSEAN-Burma, Comisión Colombiana de Juristas (CCJ), Comité Ambiental en Defensa de la Vida (CADV), the European Center for Constitutional and Human Rights (ECCHR), FIAN International, the Global Initiative for Economic, Social, and Cultural Rights (GI-ESCR), Human Rights Action (HRA), the International Human Rights Clinic at the University of Virginia School of Law, Layla Hughes, Minority Rights Group International (MRG), Observatori DESC (ESCR observatory), the Oficina para América Latina de la Coalición Internacional para el Hábitat (HIC-AL), the Women’s Legal Centre (WLC) and coordinated by ESCR-Net - International Network for Economic, Social and Cultural Rights

MORE INFORMATION

• Visit site to the Verein limaSeniorinnen Schweiz in English