The Scotsman

Human rights ruling is historic

◆ Douglas B|yth says court’s decison has confirmed a right to protection by state authoritie­s from effects of climate change

- Douglas Blyth is a Partner, Addleshaw Goddard

In a historic decision, Verein Klimasenio­rinnen Schweiz and Others v Switzerlan­d (“Verein”), the European Court of Human Rights ruled that Switzerlan­d’s response to climate change has violated the European Convention on Human Rights

(ECHR).

Verein Klimasenio­rinnen Schweiz (an associatio­n of individual­s described as “older women”) and four other individual­s challenged Swiss authoritie­s for not taking sufficient action to mitigate the effects of climate change.

Campaign groups and individual­s are increasing­ly turning to the Courts to address climate-related issues, often expressing frustratio­n and dissatisfa­ction with government decisions or inactivity.

In the UK, challenges are often focused upon allegation­s of a failure to properly observe

UK obligation­s under the Paris Agreement or to properly devise policies consistent with the obligation­s arising under the Climate Change Act 2008. Such challenges have, however, struggled to gain significan­t traction, prompting challenger­s to place more emphasis on human rights arguments. But the high bar required to demonstrat­e the necessary “victim” status has made such challenges similarly difficult.

The decision in Verein Klimasenio­rinnen, however, has the potential to significan­tly change matters. In Verein Klimasenio­rinnen, the Court establishe­d a direct link between the ECHR and climate change by confirming that article 8 (the right to respect for private and family life) encompasse­s a right to protection by state authoritie­s from the serious adverse effects of climate change onc itizens ’lives, health, well-being, and quality of life.

The court ruled that contractin­g states have a positive duty to adopt and apply regulation­s and measures capable of mitigating the existing and potentiall­y irreversib­le effects of climate change.

It was of the view that the specialfea­ture of climate change as a common concern of humankind and the need to promote intergener­ational burden-sharing rendered it appropriat­e to make allowance for re course to legal action by associatio­ns.

This landmark ruling has the potential to open the flood gates for human rights claims against

It is likely this judgment will result in the introducti­on of more regulatory measures addressing climate change

authoritie­s on climate change grounds.it also sends a clear message regarding the importance of implementa­tion of internatio­nal commitment­s to combat climate change. Whilst national authoritie­s enjoy wide discretion regarding the means chosen to meet such obligation­s, it is clear states must take action in a timely, efficient manner to avoid human rights violations.

This case is the first example of an action able right to enforce a state’s obligation to provide effective protection against climatecha­nge-relatedhar­m.the scope and extent of this obligation­remains broad but it is likely this judgment will result in the introducti­on of more regulatory measures addressing climate change mitigation. The ECHR indicated that states should be aiming for net neutrality “within, in principle, the next three decades”.

Where states do react accordingl­y, this will undoubtedl­y have a significan­t impact on the private sector active within such states. it remains to be seen what implicatio­ns this decision will have, for instance, for the UK’S energy industries in particular.

 ?? ?? Members of Verein Klimasenio­rinnen Schweiz react after the European Court of Human Rights found that Switzerlan­d was not doing enough to tackle climate change, in the first such ruling on the responsibi­lity of states to curb global warming
Members of Verein Klimasenio­rinnen Schweiz react after the European Court of Human Rights found that Switzerlan­d was not doing enough to tackle climate change, in the first such ruling on the responsibi­lity of states to curb global warming
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