Climate litigation, particularly cases brought against governments and carbon majors, is becoming a popular avenue for activists looking to press change. One such NGO won a major victory recently when the European Human Rights Court ruled in favor of the Association of Senior Women for Climate Protection Switzerland, deciding that the Swiss government was not taking appropriate actions on climate change. This decision is major because it establishes a duty under EU human rights law to mitigate the effects of climate change. Clean Energy Wire writes:
“The Swiss Association of Elderly Women argued that their government’s climate action has been insufficient to mitigate the effects of climate change on their living conditions and health. The European Court of Human Rights found that the right to respect for private and family life (Article 8 of the European Convention on Human Rights) means that states have to protect people ‘from the serious adverse effects of climate change on lives, health, well-being and quality of life.’”
The case, titled KlimaSeniorinnen Schweiz and Others v. Switzerland has major implications, not only for Swiss policymakers but for the region at large. Establishing precedent that protection from climate change is required under human rights law paves the way for other plaintiffs to come forward and seek similar relief. Additionally, it raises litigation and policy risks in Europe. Switzerland will now have to reassess its climate transition planning, which is bound to impact companies operating in Switzerland as the government looks to scale back carbon emissions. Similar lawsuits are being brought against governments around the world and are seeing some success. Companies should not rely on the climate policy status quo moving into the future as these policies are subject to potential shakeups both legally and politically.
Our Evaluating and Managing Litigation Risks Guidebook can bring you up to speed on the ESG litigation landscape and offers practical advice on mitigating litigation risks. Even if you are not a lawyer, this Guidebook gives valuable insight into the developing world of ESG litigation. Are you a PracticalESG.com member with access to this and other resources? If not, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund.
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