Government Federal Council critical of climate ruling by the European Court of Human Rights

The Federal Council has expressed its criticism of the European Court of Human Rights' climate ruling. It is of the opinion that Switzerland fulfills the climate policy requirements of the ruling.

The Federal Council is committed to Switzerland's membership of the Council of Europe and the system of the European Convention on Human Rights (ECHR), as it announced on Wednesday. However, it criticized the broad interpretation of the ECHR by the European Court of Human Rights (ECtHR) in the ruling on the climate seniors.

On April 9, 2024, the ECtHR published its ruling on the climate seniors' complaint. It found a violation of the ECHR. The Court had thus extended the ECHR to include protection against the effects of climate change and affirmed the legitimacy of associations to lodge complaints on climate issues.

The Federal Council stated that the case law should not lead to an extension of the scope of the ECHR. It also rejected an extension of the right of associations to lodge complaints on climate issues.

According to the communiqué, the Federal Council is of the opinion that Switzerland is defining measures to meet the 2030 climate targets, in particular with the revised CO2 Act of March 15, 2024. This further development of Swiss climate policy was not taken into account in the ruling.