Whilst the Court dismissed two of the cases on procedural grounds, it decided in the third Verein KlimaSeniorinnen that Switzerland's climate strategy was flawed and failed to protect the applicant's rights under the European Convention on Human Rights.
The Court found that Article 8 provided a "right for individuals to enjoy effective protection by the State authorities from serious adverse effects on their life, health, well-being and quality of life arising from the harmful effects and risks caused by climate change". This obliges the State to adopt "measures capable of mitigating the existing and potentially irreversible, future effects of climate change". Switzerland’s domestic regulatory framework to reduce emissions was found wanting and the Swiss Government must now adopt domestic measures that put a stop to its violation of Article 8.
This is a very significant decision for climate change and human rights law with potentially far reaching implications.
This Breakfast Briefing will be given by Mark Westmoreland Smith KC and Charles Streeten who will discuss the implications of these judgments and, in particular, their domestic effect.
Mark and Charles are acting on behalf of the Secretary of State in the Friends of the Earth judicial review against the Government’s third National Adaption Programme under the Climate Change Act 2008, in which the Claimant raises human rights grounds.
Practical Information
Venue: Francis Taylor Building, Inner Temple, London, EC4Y 7BY.
Time: Registration over coffee and pastries from 8.00am. Briefing from 8.30-9.15am. Booking: To reserve places, please complete the online booking form.
Booking: There is no charge to attend but places places must be booked in advance and will be offered on a first come first served basis.