In a landmark decision, the European Court of Human Rights (ECHR) has decided in favour of the complainants and ruled that climate change violates the right to respect for one’s private and family life.

The case was started by four women and a Swiss association, Verein KlimaSeniorinnen Schweiz, concerned about the consequences of global warming on their living conditions and health has been before the ECHR.

The complaint was that the Swiss authorities are not taking sufficient action to mitigate the effects of climate change, with the Court finding that Article 8 of the Convention encompasses a right to effective protection by the State authorities from the serious adverse effects of climate change on lives, health, well-being and quality of life.

It held that the four individual applicants did not fulfil the victim-status criteria under Article 34 of the Convention and declared their complaints inadmissible.

However, the applicant association, in contrast, had the right to bring a complaint. The Court held that there had been a violation of the right to respect for private and family life of the Convention and that there had been a violation of the right to access to the court. The Court found that the Swiss Confederation had failed to comply with its duties (“positive obligations”) under the Convention concerning climate change.

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