Switzerland condemned by the European Court of Human Rights, a first for a State

The ECHR, on the other hand, ruled inadmissible the requests of the former environmentalist mayor of Grande-Synthe (North), Damien Carême, and a group of young Portuguese people.

Decisions particularly awaited by those involved in the fight against global warming. Tuesday April 9, the European Court of Human Rights (ECHR) condemned Switzerland for violating the European Convention for the Protection of Human Rights, ruling in favor of an association of elderly women who attacked the country’s inaction in the face of climate change. This is the first time that it has condemned a State for its lack of initiatives in this area.

This request was made by the Elders for Climate Protection, a collective of 2,500 Swiss women aged 73 on average, who point out the negative consequences on living conditions and health of their country’s insufficient action. “The Court recognized a double violation (article 8 on private and family life) and article 6 (right of access to a court)reports for franceinfo Christel Cournil, professor of public law. The Court recognizes that the request is legitimate, as well as the fact that Switzerland is not living up to its commitments under Article 8.”

Two procedures targeting France rejected

The ECHR, on the other hand, ruled inadmissible the request of the former mayor of Grande-Synthe (North), Damien Carême, who asked it to condemn the French State for climate inaction. He particularly pointed out the risk of submersion of his town, on the coast of the North Sea.

In 2019, he had already, in his own name and as mayor, seized the Council of State for “climate inaction”. The highest French administrative court ruled in favor of the municipality, but rejected its individual request, leading it to refer the matter to the ECHR. The former elected official, candidate for the European elections on the list of La France insoumise, was not recognized as a victim, specified the president of the ECHR, the Irish Siofra O’Leary.

The request from a group of young Portuguese people, who denounce the climate inaction of 32 countries, was also deemed inadmissible. This collective of young people aged 12 to 24, formed in response to the fires which ravaged Portugal in 2017, notably attacked all the states of the European Union, including France. The applicants having not exhausted the legal remedies available in Portugal, their requests do not meet the conditions of admissibility, explained the President of the Court.

“This is just the beginning when it comes to climate litigation: around the world, more and more people are taking their governments to court to hold them accountable for their actions. Under no circumstances must we back down, we must fight even harder because this is only the beginning.” reacted immediately, the Swedish activist Greta Thunberg.