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ECHR hears climate cases against France and Switzerland

Lawyers for Swiss applicants at the ECHR hearing
Lawyers for Swiss applicants at the ECHR hearing

The European Court of Human Rights has begun hearing cases against France and Switzerland over alleged failings to protect the environment, the first time governments are in the court's dock for alleged climate change inaction.

The case against Switzerland is based on a complaint by an association of elderly people, which calls itself the 'Club of Climate Seniors', concerned with the consequences of global warming on their living conditions and health, the ECHR said.

The group accuses the Swiss authorities of various climate change failings which it says amount to a violation of the government's obligation to protect life and citizens' homes and families.

"This is a historic event," said Anne Mahrer, 64, a member of the Swiss club that is backed by Greenpeace Switzerland, where the average age is 73.

Around 50 of its 2,000 members travelled to Strasbourg for the hearing, Ms Mahrer said.

All reports on global warming over the past 20 years show that "everybody is affected", but the elderly more than others, especially older women because of cardiovascular and respiratory risks, she said.

All attempts to get the Swiss authorities to act on their behalf had failed, she stated.

The case against France is brought by Damien Careme, a former mayor of Grande-Synthe, a suburb of Dunkirk in the north of the country.

He also argues that the government has failed to meet its obligation to protect life by taking insufficient steps to prevent climate change.

German protesters demonstrate ahead of the ECHR hearing in Strasbourg

When he was mayor, Mr Careme brought his case to the French judiciary on behalf of his town but also on his own behalf, saying climate change was raising the risk of his home being flooded.

France's highest administrative court ruled in favour of the town against the central government in 2021, but threw out the individual case brought by Mr Careme, which he then took to the ECHR.

"The stakes are extremely high," said Corinne Lepage, a former French ecology minister and one of Mr Careme's lawyers in the case.

"If the European court recognises that climate failings violate the rights of individuals to life and a normal family life, then that becomes precedent in all of the council's member states and potentially in the whole world," she said.

The ECHR, whose members are the 46 states belonging to the Council of Europe, acknowledged in a statement ahead of the hearings that the European Convention on Human Rights, on which it must base its judgements, does not actually include a right to a healthy environment.

But its decision to take the cases was based on the fact that the exercise of the convention's existing rights could be undermined by harm to the environment or exposure to environmental risks.

A third pending case, without a date for a hearing so far, was brought by young Portuguese applicants claiming that climate inaction by dozens of states had contributed to heatwaves in Portugal which they said was affecting their rights.


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Irish lawyers represent Portuguese climate case at ECHR
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Although the cases are a first for the ECHR, governments have in the past been taken to court in their national jurisdictions.

In 2019, the Dutch Supreme Court ordered the government to cut greenhouse gas emissions following a complaint by an environmental organisation.

Two years later, a court in Paris found the French government guilty of climate inaction and ordered it to pay for resulting damages after four non-governmental organisations filed a case.

Today was the start of proceedings that are likely to take several months before the court hands down its verdicts.