INSUFFICIENT ENVIRONMENTAL PROTECTION MEASURES VIOLATE HUMAN RIGHTS: ELDERLY SWISS WOMEN WIN LAWSUIT AGAINST THE COUNTRY OVER CLIMATE CRISIS

Resumo

Contextualization: It is known that climate change resulting from 
human activities directly and indirectly affects not only the 
environment, but also human health itself. On the other hand, it 
is also not new that the most basic human rights, such as the 
right to health and quality life, are recognized and sought for a 
broad scope, relying on local and international legislation. 
Problem: A group of elderly Swiss women organized and sought 
the European Court of Human Rights to hold the Swiss nation 
accountable, alleging that the Swiss State failed to mitigate the 
effects of climate change, which specifically negatively affected 
the lives of elderly women. After eight years, the European Court 
of Human Rights issued an unprecedented decision, granting the 
elderly women's claim. The big issue is to interconnect the right 
to a balanced environment with a human right. Objective: To 
understand whether the right to a balanced environment is a kind 
of human right, or if they are just intersecting. In this context, it is 
necessary to conjecture whether the decision taken by the 
European Court of Human Rights in this specific case will have 
legal consequences in terms of expanding the possibility of 
protection for both. Methods: In this article, we used methods of 
bibliographic review and compilation in the light of the concrete 
case in terms of its originality. Result: The decision recognized 
that Switzerland had failed to comply with its duty to mitigate the 
consequences of greenhouse gases, including the impact on the 
health of older women, and consequently failed to provide 
effective protection for privacy. Conclusions: Recognizing the intersection between the right to a balanced environment and 
human rights, and serving as a precedent, it opens space for 
more in-depth studies in terms of applicability before other 
international courts.