The European Court of Human Rights (“ECtHR”) has ruled on a case brought against Switzerland by the Swiss association KlimaSeniorinnen on behalf of its members and four individual women of the association. The ECtHR found that Switzerland has violated Art. 8 of the European Convention on Human Rights by failing to take timely and sufficient action to adopt and implement relevant legislation and measures to mitigate climate change. The ECtHR also held that, from a procedural perspective, Switzerland failed to grant effective access to court to challenge the insufficient implementation of mitigation measures. In this contribution, we summarize the background of the case and the ECtHR’s decision and analyze its possible impacts.
Author
Dr. Jürgen Mark LL.M.
BrowsingDr. Jürgen Mark practices in the areas of litigation, domestic and international arbitration, commercial and company law, product liability law and distribution law. Dr. Mark is highly recommended by JUVE Handbook in the dispute resolution area, and has been recognized as one of the leading German lawyers in the field of dispute resolution by PLC Which Lawyer? and Legal 500. In 2013, he won the ILO Client Choice Award for Litigation.