An ‘embarrassment’: Experts explain what could happen as Switzerland rejects landmark climate ruling

07.09.2024 - 12:54 / euronews.com / Rosie Frost

An unprecedented ruling from the European Court of Human Rights (ECtHR) in April made protection from the effects of climate change a human right under European law.

Brought by a group of elderly women, the case was directed at Switzerland with the court finding the country’s insufficient action to tackle greenhouse gas emissions was a breach of human rights.

The landmark judgment was heralded as a breakthrough for climate cases in Europe and around the world. As the first instance of a country being held legally responsible on this issue, it set a precedent that many are hoping will mean success in future climate cases.

The ECtHR didn’t explicitly tell Switzerland what it had to do next to tackle climate change, just that it had to do more.

First, Switzerland’s parliament voted to reject the ECtHR’s ruling in June. It said it was not “ignoring” it but that the country already had an effective climate strategy.

Now, five months on, the Federal government said that it has fulfilled the policy requirements of the ruling. In particular, it pointed to the revised CO2 Act from 15 March which it says “has defined measures to achieve its 2030 climate targets”.

But, the statement from 28 August, also took issue with the court’s “broad interpretation” of the European Convention on Human Rights (ECHR), including extending it to cover climate protection.

“The case law must not lead to an extension of the scope of application of the ECHR,” the Federal Council said.

The apparent rejection of the landmark judgment has drawn sharp criticism from both environmental groups and human rights organisations. They say the Federal Council’s position is unlikely to satisfy the committee tasked with implementing the Court’s judgment.

Beyond just climate action, the Federal Council’s statement has raised concerns about Switzerland’s commitment to the European human rights law system.

The Swiss Human Rights Institution (SHRI) - Switzerland's independent national human rights institution - has called the government’s position “worrying”. Criticism of how the ECHR was interpreted, it adds, makes the Federal Council’s support for the Court “ambiguous to say the least”.

What the SHRI takes issue with specifically is Switzerland acknowledging its membership of the Council of Europe and the system of the ECtHR while rejecting the idea that human rights law can be adapted to cover climate change.

It cautions the government against “indirectly strengthening the position of those who are calling for Switzerland to distance itself from, or even leave, the ECHR”.

The human rights organisation also predicts that the Federal Council’s current position is unlikely to satisfy the Committee of Ministers of the Council of Europe. This is the