Swiss women win climate change case in ECHR

17 Apr Swiss women win climate change case in ECHR

This article covers ‘Daily Current Affairs’ and the topic details of ” Swiss women win climate change case in ECHR”. This topic is relevant in the “Environment” section of the UPSC CSE exam.

Why in the News?

The European Court of Human Rights (ECHR) made a ruling on Tuesday in support of a group of elderly Swiss women who contended that their government’s insufficient actions to address climate change exposed them to the risk of heat-related fatalities.

President of the Court, Siofra O’Leary, stated that the Swiss government had breached the human right to privacy and family life by not implementing adequate domestic policies to confront climate change.

More about the case

• Switzerland was taken to court in 2016 by KlimaSeniorinnen Schweiz (Association of Senior Women for Climate Protection Switzerland).KlimaSeniorinnen Schweiz comprises women climate activists aged 65 and above.
• These women argued that the Swiss government’s insufficient climate policies violate their rights to life and other protections outlined in the European Convention on Human Rights, an international treaty safeguarding human rights and political freedoms in Europe.
• Their argument drew in part on their vulnerability to extreme heat due to their advanced age, citing reports from the Intergovernmental Panel on Climate Change (IPCC), a United Nations body assessing climate change science.
• These reports indicated that Swiss senior women, especially those over 75, are at higher risk of heat-related health issues such as dehydration, hyperthermia, fatigue, loss of consciousness, heat cramps, and heat strokes.
• While acknowledging that older men, individuals with illnesses, and young children also suffer from heat waves and other climate impacts, the case was brought solely by senior women.

Court’s Verdict

• The European Court of Human Rights (ECHR) emphasised that Article 8 of the convention encompasses the right for individuals to receive effective protection from state authorities against the severe adverse effects of climate change on their lives, health, well-being, and quality of life.
• The court found that the Swiss government had violated the convention by failing to enact sufficient laws to address climate change impacts and falling short of greenhouse gas (GHG) emission targets.
• Switzerland committed in 2017 to reducing emissions by 50% from 1990 levels by 2030 and achieving net zero emissions by 2050.
• The President of the Court remarked, “It is evident that future generations will likely endure increasingly severe consequences of current failures and oversights in combating climate change.”

Importance of this case

• This landmark ruling sets a binding legal principle for 46 European nations under the Human Rights Convention, including powerhouses like the EU and the UK. Courts in these countries must now consider the ECHR’s judgement in climate change and human rights cases. This paves the way for more lawsuits against governments lagging on climate action.
• The verdict empowers climate activists. It shows that legal action can hold governments accountable for their role in the impacts of climate change on human rights. This success story could inspire similar legal challenges across Europe.
• The ruling pressures European governments to strengthen climate policies. The threat of lawsuits could incentivize them to set more ambitious goals and enact stricter emission regulations. This could lead to significant policy shifts across the continent.
• The case compels governments to consider the human rights dimension of climate change. The ECHR judgement highlights how inadequate action can violate fundamental rights, pushing governments to prioritise policies that protect people from climate threats.

About the European Court of Human Rights

• The European Court of Human Rights (ECHR) is an international judicial institution established to safeguard human rights and fundamental freedoms in Europe. It was founded in 1959 and operates under the jurisdiction of the Council of Europe, which is distinct from the European Union. 
• The ECHR ensures that member states comply with the European Convention on Human Rights (ECHR), an international treaty ratified by 47 European countries. This convention outlines a set of fundamental rights and freedoms, including the right to life, freedom of expression, and the prohibition of torture and discrimination.
• Individuals and groups can bring cases before the ECHR if they believe their rights under the European Convention on Human Rights have been violated by a member state. The Court examines these cases impartially and independently, delivering judgments that are binding on the states involved.
• The ECHR’s decisions have significant legal implications, as they establish precedents for human rights standards across Europe. Member states are required to implement the Court’s rulings and take measures to rectify any human rights violations identified.

Impact of climate change on women

• Health Risks: Women are more vulnerable to the health impacts of climate change due to factors such as their physiological differences, social roles, and limited access to healthcare in many regions. For instance, during heatwaves, pregnant women and elderly women are at higher risk of heat-related illnesses. Additionally, women may face challenges in accessing reproductive healthcare services in the aftermath of climate-related disasters.
• Water and Sanitation: Women and girls are often responsible for collecting water for household use, agriculture, and other needs. Climate change can exacerbate water scarcity and decrease water quality, resulting in longer and more arduous journeys to fetch water. This increases the time burden on women and girls and may also expose them to safety risks, such as harassment or assault.
• Food Security: In many societies, women are responsible for food production, preparation, and distribution within households. Climate change-induced factors such as droughts, floods, and extreme weather events can disrupt agricultural activities, leading to food shortages and decreased nutritional intake, which disproportionately affect women and children.
• Income and Livelihoods: Women, particularly in rural areas of developing countries, often rely on natural resources for their livelihoods, such as farming, fishing, and gathering forest products. Climate change-related phenomena like changing precipitation patterns and habitat degradation can threaten these livelihoods, leading to economic insecurity for women and their families.
• Displacement and Migration: Women are often disproportionately affected by climate-induced displacement and migration. In many communities, women may lack the resources and decision-making power to relocate or adapt to changing environmental conditions, making them more susceptible to the adverse impacts of displacement, such as loss of homes, livelihoods, and social support networks.

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Prelims practise question

Q1. Consider the following statements: 

1. IPCC does not conduct its own research but instead evaluates and synthesises the scientific research conducted by other scientists.
2. NAAQ regulates PM 2.5 and PM 10 only.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

ANSWER: A

Mains practise question

Q1. Analyse the implications of genetically modified (GM) seeds and crops in the context of climate change adaptation and food security. What are the potential benefits and risks associated with the widespread adoption of GM technologies in agriculture, particularly in regions vulnerable to climate variability and extreme weather events?

Q2. Explain the concept of soil carbon sequestration and its role in mitigating climate change. How do changes in land use, deforestation, and soil degradation impact the capacity of soils to sequester carbon? Discuss potential strategies for enhancing soil carbon storage in agricultural and natural ecosystems.

Himanshu Mishra

I am a content developer and have done my Post Graduation in Political Science. I have given 2 UPSC mains, 1 IB ACIO interview and have cleared UGC NET JRF too.