Solar Energy News
CLIMATE SCIENCE
Europe rights court hears climate cases against governments
Europe rights court hears climate cases against governments
By Damien STROKA
Strasbourg, France (AFP) March 29, 2023

Cases opened Wednesday before the European Court of Human Rights against France and Switzerland over alleged failings to protect the environment, marking 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 -- who call themselves the "Club of Climate Seniors" -- concerned with the consequences of global warming on their living conditions and health, the ECHR said.

They accuse the Swiss authorities of various climate change failings which they say amount to a violation of the government's obligation to protect life and citizens' homes and families.

"We've been fighting for years," said Bruna Molinari, 81, who lives in the southern Tessin canton "where the pollution is the worst".

"I hope the court will find in our favour so that Switzerland does better than it has done so far," he added ahead of the hearing.

The average age is 73 in the Swiss club, which is backed by Greenpeace Switzerland.

Around 50 of its 2,000 members were expected in Strasbourg for the hearing.

- 'Heat kills' -

Alain Chablais, representing the Swiss government, told the court that it was "baseless to claim or suggest that Switzerland is doing nothing".

The ECHR "has no business becoming the place where national climate protection policy is decided," he added.

But the plaintiffs' lawyer Jessica Simor said her clients were "already suffering the effects of climate change" that Switzerland was not doing enough to stop.

Temperatures were rising "twice as quickly" in the Alpine nation as the global average, she added.

"Heat kills... increasing the risks of kidney problems, asthma attacks, cardiovascular difficulties... and causes particularly acute symptoms in elderly people, more especially elderly women".

The case against France was brought by Damien Careme, a former mayor of Grande-Synthe, a suburb of Dunkirk in northern France, who also argues that the central government has failed to meet its obligation to protect life by taking insufficient steps to prevent climate change.

When he was mayor, 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 Careme, which he then took to the ECHR.

- 'Extremely high stakes' -

"The stakes are extremely high," said Corinne Lepage, a former French ecology minister and one of 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 told AFP.

The European Court of Human Rights -- 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 Wednesday's 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.

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 NGOs filed a case.

Wednesday's hearings are only the start of proceedings that are likely to take several months before the court hands down its verdicts.

Related Links
Climate Science News - Modeling, Mitigation Adaptation

Subscribe Free To Our Daily Newsletters
Tweet

RELATED CONTENT
The following news reports may link to other Space Media Network websites.
CLIMATE SCIENCE
UN adopts landmark resolution on climate justice
United Nations, United States (AFP) March 29, 2023
The UN General Assembly took a major step towards urgent global climate action Wednesday as members adopted a resolution calling for the world body's top court to outline nations' legal obligations related to curbing warming. Cheers rang out as the measure - hailed as a victory for the climate justice movement which hopes it will increase pressure on polluting countries failing to address the global warming emergency - was greenlighted by consensus. Pushed for years by Vanuatu, a small archipe ... read more

CLIMATE SCIENCE
Low concentration CO2 can be reused as plastic precursor using artificial photosynthesis

Queensland biofuel refinery to turn agricultural by-products into sustainable aviation fuel

Turning vegetable oil industry waste into power

European consortium sets CO2 to fuel efficiency record using earth-abundant materials

CLIMATE SCIENCE
Preschoolers prefer to learn from a competent robot than an incompetent human, Concordia study shows

Artists fight AI programs that copy their styles

Mind-control robots a reality

Google launches ChatGPT rival in US and UK

CLIMATE SCIENCE
UK offshore staff 'want public ownership of energy firms'

Machine learning could help kites and gliders to harvest wind energy

Polish MPs vote to make building wind turbines easier

New research shows porpoises not harmed by offshore windfarms

CLIMATE SCIENCE
Annual net profit of Chinese EV giant BYD up 446%

EU backs fossil fuel car ban, as Berlin lifts veto

The countries phasing out internal combustion engines

EU fossil fuel car ban gets final green light

CLIMATE SCIENCE
Canada revs up its EV batteries manufacturing

Recycling of batteries: 70% of lithium recovered

Simplified calculations reproduce complex plasma flows

Probe where the protons go to develop better fuel cells

CLIMATE SCIENCE
Improving the infrastructure safety for nuclear waste disposal

IAEA chief to visit Ukraine nuclear plant

Zelensky, IAEA chief discuss safety at Zaporizhzhia nuclear plant

IAEA chief says trying for deal on Russia-held nuclear plant

CLIMATE SCIENCE
UK warned to fix 'lost decade' of climate readiness

Watchdog: Britain facing 'make-or-break moment' to build climate change resilience

Russia to skip Earth Hour, calls WWF a 'foreign agent'

ECB sees smaller carbon footprint in bond portfolio

CLIMATE SCIENCE
Bangladesh bans plastics in world's largest mangrove forest

Dominican border wall threatens environment, mangroves

Brazil Indigenous group fights to save endangered evergreen

Norway vows to continue supporting Brazil's Amazon fund

Subscribe Free To Our Daily Newsletters




The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.