Essay by Eric Worrall

Weak Swiss Government climate policies were found to violate the rights of older Swiss women by increasing their risk of dying in heatwaves.

Human rights violated by inaction on climate, ECHR rules in landmark case

Court finds in favour of group of older Swiss women who claimed weak policies put them at greater risk of death from heatwaves

Ajit Niranjan Tue 9 Apr 2024 20.29 AEST

Weak government climate policies violate fundamental human rights, the European court of human rights has ruled.

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The court’s top bench ruled that Switzerland had violated rights of a group of older Swiss women to family life, but threw out a French mayor’s case against France and that of a group of young Portuguese people against 32 European countries.

“It feels like a mixed result because two of the cases were inadmissible,” said Corina Heri, a law researcher at the University of Zürich. “But actually it’s a huge success.”

The court, which calls itself “the conscience of Europe”, found that Switzerland had failed to comply with its duties to stop climate change. It also set out a path for organisations to bring further cases on behalf of applicants.

The Swiss verdict opens up all 46 members of the Council of Europe to similar cases in national courts that they are likely to lose.

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The KlimaSeniorinnen, a group of 2,400 older Swiss women, told the court that several of their rights were being violated. Because older women are more likely to die in heatwaves – which have become hotter and more common because of fossil fuels – they argued that Switzerland do its share to stop the planet heating by the Paris agreement target of 1.5C (2.7F) above preindustrial levels.

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Read more: https://www.theguardian.com/environment/2024/apr/09/human-rights-violated-inaction-climate-echr-rules-landmark-case

Switzerland, which is not a member of the European Union, voluntarily submits to the jurisdiction of the European Court of Human Rights. The EHCR in my opinion has over the years proven itself to be one of the most anti-democratic European institutions, frequently overruling the policies of elected officials.

Switzerland, with an average altitude of 1350m (4429ft) and latitude 46° North has warm summers and cold winters, but it’s not exactly a hot country. They do get occasional heatwaves. I visited Switzerland a long time ago in April, I remember I had to open my overcoat after climbing around the foothills of Grindelwalde for half a day, but the weather wasn’t exactly boiling hot.

My health advice to the KlimaSeniorinnen, if it appears to be a hot sunny summer day, you could reduce your reduce your risk of heatstroke by leaving your thermal layers at home.