States must protect their citizens from the adverse consequences of the climate crisis

The decision of the European Court of Human Rights of 9 April 2024 concerning three climate cases stipulates that states must protect their citizens from the adverse consequences of the climate crisis. Among the most affected groups are children, young people, indigenous people and the elderly. These groups are increasingly turning to the courts to demand accountability from states and industrial activities that have contributed to pollution and climate change through the emission of greenhouse gases.

The European Court considered three cases and upheld only one: KlimaSeniorinnen Schweiz and others v. Switzerland. In this case, the court ruled that Switzerland is insufficiently protecting its citizens, especially the elderly population, from the consequences of climate change. The court found a violation of Articles 2 and 8 of the European Convention on Human Rights, which guarantee the right to life and respect for private and family life, including the right to health and quality of life.

High temperatures and heat waves are particularly dangerous for older people who suffer from cardiovascular, respiratory and kidney diseases. The verdict recognizes that climate change can seriously worsen health, living conditions and social relations. This precedent also confirms the findings of the United Nations that the climate crisis has a significant impact on human health, including heat stress, epidemics, malnutrition and trauma caused by natural disasters. The decision emphasizes the need to consider the health of the planet and people as a unified whole according to the "One Health" principle.

The decision may affect judges in countries that are signatories to the European Convention on Human Rights, and could also be applied in other international disputes evaluating the effectiveness of national climate policies. Switzerland has been condemned for loopholes in climate laws and a lack of action. It will now have to update its climate policies, although the ECtHR did not specify which specific measures the Swiss government should take. (Co2news.sk)