The ECHR condemns Switzerland in a landmark judgment

On April 9, 2024, the European Court of Human Rights (ECHR), in an historic ruling, upheld a complaint against Switzerland lodged by the Swiss association "Elders for Climate Protection.” The Court found Switzerland in breach of Articles 8 and 6 of the European Convention on Human Rights due to its failure to implement sufficient measures to combat climate change. This ruling could set a precedent for the 46 member states of the Council of Europe.

The same day the Court ruled in two other important climate change cases rejecting, on procedural grounds, applications brought by six young Portuguese against 32 states as well as a complaint introduced by Damien Carême, former ecologist mayor of a commune in the north of France against France alleging lack of action by the French authorities to curb climate change.

The six young Portuguese had taken action following the devastating fires of 2017, targeting 32 European countries. Their application was dismissed because of failure to exhaust domestic remedies.

These decisions illustrate the difficulty in obtaining legal recognition of states' responsibility for climate change. 

The increasing mobilisation of individuals and organisations to use human rights protection mechanisms in Europe reflects a trend towards seeking legal solutions to environmental issues.

In parallel, international legal standards developed by the Council of Europe are increasingly invoked to defend the environment.

The Council of Europe was a pioneer in promoting environmental protection when it launched a European Nature Conservation campaign back in 1970. Since then a number of conventions on environmental issues have been drawn up.

In 2021 the Council of Europe Parliamentary Assembly called for a new legal framework, to anchor “the right to a safe, clean, healthy and sustainable environment” and presented a draft additional protocol to the European Convention on Human Rights which would make such a right enforceable in law in all countries which ratified it.