Verein KlimaSeniorinnen Schweiz v. Switzerland: Difference between revisions
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==Background== |
==Background== |
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As part of its effort to fight [[climate change]] caused by [[carbon dioxide emissions|carbon dioxide (CO2) emissions]], Switzerland passed the Federal Act on the Reduction of CO2 Emissions, more commonly called the [[CO2 Act (Switzerland)|CO2 Act]] in 2011, and which came into force at the start of 2013. The CO2 Act, as enacted, has set a target of 20% reduction in CO2 emission, compared to 1990 levels by 2020. Several amendment were since added to the CO2 Act, including in response to the [[Paris Agreement]] in 2015, with a future target of 50% reductions in emissions compared to 1990 levels by 2030 and [[net zero]] emissions by 2050.<ref name="swiss cc law">{{cite book | chapter = Swiss Climate Change Law: International and European Context | first1 = Julia | last1 = Hänni | first2 = Tienmu | last2 = Ma | title = Swiss Energy Governance: Political, Economic and Legal Challenges and Opportunities in the Energy Transition | pages = 17-47 | isbn = 978-3-030-80786-3 | publisher = [[Springer Science+Business Media|Springer]] | date = 21 November 2021 | accessdate = 9 April 2024 | doi = 10.1007/978-3-030-80787-0_2 }}</ref> |
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===Climate change in Europe=== |
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{{Main|Climate change in Europe}} |
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To achieve this, Switzerland primarily worked with the [[European Union]] to engage with the established [[European Union Emissions Trading System]] (ETS), using [[Carbon emission trading|"cap and trade" emissions trading]]; policy makes establish emissions caps for companies based on their industry and size. Companies that exceed their emissions allowances are fined, which is meant as an incentive to drive the company to reduce emissions in the future. Companies that fall under their emissions caps are allowed to trade their unrealized emissions on the ETS for financial profit, with companies that exceed emissions able to buy those credits towards offsetting their own excess. The EU established the ETS for all participating countries within the EU, with the intent to incentive all emission-generating companies within the EU to participate. The EU ETS system was considered as both a means to reduce emissions under both the 1997 [[Kyoto Protocol]] and Paris Agreement.<ref name="swiss cc law"/> |
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[[Climate change in Europe|Climate change]] has adversely affected Europe; according to a study in 2023, the [[2022 European heatwaves]] were responsible for 61,000 deaths.<ref name="NYTimesBackground">{{Cite web |url=https://www.nytimes.com/2023/08/06/world/europe/heat-wave-older-women-lawsuit.html |title=Heat Waves Are Killing Older Women. Are They Also Violating Their Rights? |date=August 6, 2023 |last=Kwai |first=Isabella |work=[[The New York Times]] |access-date=9 April 2024}}</ref> |
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As 2020 approached, the effectiveness of the EU ETS came into question, as the reductions achieved by the system were more modest than projected; from 2008 to 2016, emissions reductions only dropped by 3.8% greater than emissions changes without the ETS in place. Issues such as corporate profiteering off emissions allowances, emission volatility, and political factors, were seen as working against the goals of achieving higher emission reductions through the ETS.<ref name="swiss cc law"/> The Swiss government took little action and the 20% reduction by 2020 target failed to be met, with an emissions reduction of only 11% realized by 2019.<ref name="nytimes">{{cite news| url = https://www.nytimes.com/2024/04/09/world/europe/climate-human-rights.html | title = In Landmark Climate Ruling, European Court Faults Switzerland | first1 = Isabella | last1 = Kwai | first2 = Emma | last2 = Bubola | date = 9 April 2024 | accessdate = 9 April 2024 | work = [[The New York Times]] }}</ref> |
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''[[State of the Netherlands v. Urgenda Foundation]]'' was a 2019 landmark case held in the [[Supreme Court of the Netherlands]] that found the Dutch government to be at fault for failing to reach its targeted 25% reduction in emissions by 2020, and established that fighting climate change was considered a human right under Articles 2 and 8 of the [[European Convention on Human Rights]] (ECHR), the first such time the ECHR was used in relation to climate change.<ref name="swiss cc law"/> |
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===KlimaSeniorinnen Schweiz=== |
===KlimaSeniorinnen Schweiz=== |
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Revision as of 00:51, 10 April 2024
 | This article documents a current event. Information may change rapidly as the event progresses, and initial news reports may be unreliable. The latest updates to this article may not reflect the most current information. (April 2024) |
| Verein KlimaSeniorinnen Schweiz v. Switzerland | |
|---|---|
| Decided 9 April 2024 | |
| Full case name | Verein KlimaSeniorinnen Schweiz and Others v. Switzerland |
| Case | 53600/20 |
| Chamber | Grand |
| Language of proceedings | English |
Verein KlimaSeniorinnen Schweiz v. Switzerland (2024) was a landmark[1] European Court of Human Rights case in which the court ruled that Switzerland violated the European Convention on Human Rights by failing to adequately address climate change.
Background
As part of its effort to fight climate change caused by carbon dioxide (CO2) emissions, Switzerland passed the Federal Act on the Reduction of CO2 Emissions, more commonly called the CO2 Act in 2011, and which came into force at the start of 2013. The CO2 Act, as enacted, has set a target of 20% reduction in CO2 emission, compared to 1990 levels by 2020. Several amendment were since added to the CO2 Act, including in response to the Paris Agreement in 2015, with a future target of 50% reductions in emissions compared to 1990 levels by 2030 and net zero emissions by 2050.[2]
To achieve this, Switzerland primarily worked with the European Union to engage with the established European Union Emissions Trading System (ETS), using "cap and trade" emissions trading; policy makes establish emissions caps for companies based on their industry and size. Companies that exceed their emissions allowances are fined, which is meant as an incentive to drive the company to reduce emissions in the future. Companies that fall under their emissions caps are allowed to trade their unrealized emissions on the ETS for financial profit, with companies that exceed emissions able to buy those credits towards offsetting their own excess. The EU established the ETS for all participating countries within the EU, with the intent to incentive all emission-generating companies within the EU to participate. The EU ETS system was considered as both a means to reduce emissions under both the 1997 Kyoto Protocol and Paris Agreement.[2]
As 2020 approached, the effectiveness of the EU ETS came into question, as the reductions achieved by the system were more modest than projected; from 2008 to 2016, emissions reductions only dropped by 3.8% greater than emissions changes without the ETS in place. Issues such as corporate profiteering off emissions allowances, emission volatility, and political factors, were seen as working against the goals of achieving higher emission reductions through the ETS.[2] The Swiss government took little action and the 20% reduction by 2020 target failed to be met, with an emissions reduction of only 11% realized by 2019.[3]
State of the Netherlands v. Urgenda Foundation was a 2019 landmark case held in the Supreme Court of the Netherlands that found the Dutch government to be at fault for failing to reach its targeted 25% reduction in emissions by 2020, and established that fighting climate change was considered a human right under Articles 2 and 8 of the European Convention on Human Rights (ECHR), the first such time the ECHR was used in relation to climate change.[2]
KlimaSeniorinnen Schweiz
KlimaSeniorinnen Schweiz (Senior Women for Climate Protection) is a group of elderly women in Switzerland with a membership of about 2,400, as of August 2023.[4][1]
Lower court history
The KlimaSeniorinnen Schweiz initiated their lawsuit in 2016, requesting a decision from the European Court of Human Rights in 2020.[4]
European Court of Human Rights
On 9 April 2024, the European Court of Human Rights ruled in favor of the KlimaSeniorinnen Schweiz.[1]
Reactions
International response
Swedish environmental activist Greta Thunberg celebrated the court's decision at the European Court of Human Rights building.[5]
References
- ^ a b c Kwai, Isabella; Bubola, Emma (9 April 2024). "In Landmark Climate Ruling, European Court Faults Switzerland". The New York Times. Retrieved 9 April 2024.
- ^ a b c d Hänni, Julia; Ma, Tienmu (21 November 2021). "Swiss Climate Change Law: International and European Context". Swiss Energy Governance: Political, Economic and Legal Challenges and Opportunities in the Energy Transition. Springer. pp. 17–47. doi:10.1007/978-3-030-80787-0_2. ISBN 978-3-030-80786-3.
{{cite book}}:|access-date=requires|url=(help) - ^ Kwai, Isabella; Bubola, Emma (9 April 2024). "In Landmark Climate Ruling, European Court Faults Switzerland". The New York Times. Retrieved 9 April 2024.
- ^ a b Cite error: The named reference
NYTimesBackgroundwas invoked but never defined (see the help page). - ^ Rannard, Georgina (9 April 2024). "European court rules human rights violated by climate inaction". BBC News. Retrieved 9 April 2024.