Switzerland’s Parliament Votes to Disregard Historic Climate Ruling Victory for Senior Women

In a blow to the increasing legal precedent in favor of citizens suing their governments over the adverse impacts of climate change, a vote by Switzerland’s parliament has rejected the European Court of Human Rights (ECHR)’s historic climate ruling in favor of a group of older Swiss women.

The women — KlimaSeniorinnen, a group of more than 2,000 women over age 64 — won a lawsuit in April claiming that their country’s inadequate response to the climate crisis, particularly heat waves, had put their health at risk.

“The declaration is a betrayal of us older women – and of all those who are suffering from the real consequences of global warming today and in the future,” said Rosmarie Wydler-Wälti, KlimaSeniorinnen co-president, as The Guardian reported.

The original ruling was hailed as a huge win since it means countries belonging to the Council of Europe — the continent’s foremost human rights organization — are now susceptible to legal challenges when they are slow to make the transition to more renewable economic systems.

Even so, on Wednesday members of the lower house of Swiss parliament voted 111 to 72 to disregard the verdict. They argued that Switzerland’s response to the climate crisis had been sufficient and accused the judges of “inadmissible and disproportionate judicial activism.”

“This is terrible from a rule-of-law perspective,” said Corina Heri, a University of Zürich legal researcher, as reported by The Guardian. “The term ‘slippery slope’ is overused, obviously, but it is a dangerous precedent to create.”

If the Swiss women feel their country is not adhering to the ruling, they can complain to a Council of Europe committee that meets four times annually to monitor ECHR ruling compliance, Reuters reported.

Raphael Mahaim, a lawyer for the KlimaSeniorinnen, told Reuters the group was considering filing a complaint.

It is also possible for Switzerland to be expelled or leave the Council of Europe of its own accord if it does not want to act in accordance with the council’s directives. In March of 2022, Russia was removed from the council following its invasion of Ukraine.

Legal experts said the more likely outcome would be for Switzerland to be pressured to accept the judgment.

Isabela Keuschnigg, a London School of Economics legal researcher, said Switzerland’s refusal to carry out the ruling could “set a concerning precedent, undermining the role of legal oversight in democratic governance,” reported Reuters.

Joana Setzer, a climate litigation expert with the London School of Economics, said compliance was encouraged by the monitoring system and countries leaving the council would be subjected to “significant political and social repercussions.”