Insufficient environmental protection measures violate human rights Elderly Swiss women win case against country over climate crisis

Abstract

Background: It is well known that climate change resulting from human activities has a direct and indirect effect not only on the environment, but also on human health itself. On the other hand, it is not new that the most basic human rights, such as the right to health and a quality life, have been recognized and pursued on a broad scale, with local and international legislation. Problem: A group of elderly Swiss women organized themselves and went to the European Court of Human Rights to hold the Swiss nation responsible, claiming that the Swiss state had failed to take measures to mitigate the effects of climate change, which had a negative impact on the lives of the elderly women in particular. After eight years, the European Court of Human Rights handed down an unprecedented decision, upholding the elderly women's claim. The big question is whether the right to a balanced environment is a human right. Objective: To understand whether the right to a balanced environment is a kind of human right, or whether they only intersect. In this vein, 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 protecting both. Methods: In this article, we used methods of bibliographical review and compilation in the light of the specific case in terms of its novelty. Results: The decision recognized that Switzerland had failed in its duty to mitigate the consequences of greenhouse gases, including affecting the health of elderly women, and consequently did not provide effective protection for private life. Conclusions: Having recognized the intersection between the right to a balanced environment and human rights, and serving as a precedent, it opens up room for further study in terms of applicability in other international courts.