Tedx Talk by Elisabeth Stern
We are overwhelmed!
Climate protection is a human right, and: Switzerland has violated the right to climate protection. This was decided by the European Court of Human Rights (ECtHR). This ruling is not just a victory for us climate seniors. Our victory is a victory for all generations. This ruling is a milestone in the struggle for a livable climate for all.
Since the verdict was announced at the beginning of April 2024, we have received countless heart-warming messages. People from all over the world congratulate us and wish us continued luck and success. They tell us their stories and how they feel inspired by our work. And once again, we realize that we are not alone: people in many other countries are campaigning for the protection of their human rights and for greater climate justice. In the past few weeks, over 600 people have also registered as members or supporters of our association. We are overwhelmed by so much encouragement. All this validates what we are doing. It is the reward for our many years of commitment: our fight to protect our human rights began over eight years ago.
Our continued existence is also important in order to counter the sometimes fierce criticism of the ruling. We condemn the verbal attacks on women and the elderly. Certain people are shamelessly making cruel public comments about us, the judges of the ECHR and the ruling. A vicious vulgarization of the debate is a danger to peaceful coexistence and our democracy.
We would like to see an objective discussion about the ECtHR ruling and the consequences for our country. Human rights are neither left nor right, but universal. Human rights protect us all. Climate protection that upholds human rights benefits us all.
We won!
A historic victory: On 9 April 2024, the Grand Chamber of the Court ruled our case that Switzerland is violating the human rights of the older women because the state is not taking the necessary steps to combat global warming. Specifically, the court found a violation of Article 8 (right to private and family life). The Court also found that the association, which currently represents over 2,500 women aged 64 and over, has victim status.
Here are the documents relating to the judgement:
- Summary of the decision and relevant extracts from the judgement by Cordelia Bähr, lead lawyer of the KlimaSeniorinnen Schweiz association, in English, German, French and Italian
- Questions and answers on the KlimaSeniorinnen judgment in German and French
- Media release KlimaSeniorinnen and Greenpeace in English, German and French
- Judgement in French and in English
- Press release of the ECtHR in French and English
- Questions and answers on the three climate judgements of the ECtHR in English and French
Public hearing in Strasbourg on 29 March 2023
The public hearing on our complaint was held before the Grand Chamber of the ECtHR in Strasbourg on March 29, 2023. Our legal team, consisting of Cordelia Bähr, Martin Looser, Raphaël Mahaim and, since November 2022, the renowned British lawyers Jessica Simor and Marc Willers, represented us.
We are now waiting for the judgement, which will be delivered at the earliest at the end of the year.
Senior Women for Climate Protection Switzerland to sue Switzerland before the European Court of Human Rights
Climate change already produces extensive damage. Menacing heat waves, landslides and floods will become the norm unless we take immediate action. Scientific insights notwithstanding, Switzerland along with most other countries is not doing as much as is necessary to avert such disasters. Because governments, through their inaction, violate basic rights, more and more people around the globe are taking them to court. What’s at stake is a livable future – without climate collapse.
Objective
With our lawsuit we’re demanding that the federal authorities correct the course of Swiss climate policy because the current climate targets and measures are not sufficient to limit global warming to a safe level.
Approach
Since only people with legal standing can sue, we have formed the Climate Seniors Association. Why an association? Because that way the legal proceedings do not depend on individual persons. Why female seniors? Because older women are particularly susceptible to intense and frequent heat waves. Obviously, we are aware that older men, people with diseases as well as small children also suffer from heat waves and other climate effects. By focusing on the proven particular susceptibility of us older women we are simply enhancing our lawsuit’s chances of success which is ultimately good for everyone.
Our association counts over 2500 members and we are still looking for additional senior female plaintiffs to join our suit (ages 64 and older living in Switzerland – because women over 75 are especially at risk). Greenpeace Switzerland supports us and guarantees the costs of the proceedings so that no financial risks arise for our association and members.
Key dates
- October 4, 2024: Switzerland submits its action report (in French) to the Committee of Ministers of the Council of Europe
- April 9, 2024: Ruling before the ECtHR
- March 26, 2024: Application by Swiss Senior Women for Climate Protection to be decided by the Grand Chamber of the European Court of Human Rights on 9 April 2024
- March 15, 2024: Swiss Senior Women for Climate Protection before the ECtHR: ruling expected in spring
- March 29, 2023 – Public hearing before the ECtHR in Strasbourg – Climate seniors’ case to be heard today in Strasbourg
- Our speech for the public hearing
- Video of the public hearing
- Transcript of the public hearing
- December 5, 2022
- Public hearing on landmark climate case at European Court of Human Rights – the Senior Women for Climate Protection Switzerland handed in their Observations on the facts, admissibility and the merits to the Grand Chamber of the ECtHR
- The Government of Switzerland handed in its observations to the Grand Chamber: Memorandum and Statement of facts
- November 22, 2022 – Renowned British King’s Counsel join the legal team of Swiss Climate Seniors
- September 12, 2022 – Letter from the European Court of Human Rights containing the questions to the parties
- April 29, 2022 – The Grand Chamber becomes responsible for climate action
- November 18, 2021 – Switzerland’s response to our reply
- October 13, 2021 – Our reply to the Swiss government’s response to the ECtHR: Summary, Observations on the Facts, Observations on the Law, Request for Just Satisfaction/Request for General Measures
- September 22, 2021 – Third party interventions by 9 national and international organizations filed with the ECtHR
- July 16, 2021 – Response of the Swiss Government to the ECtHR – English translation of the position paper
- March 26, 2021 – European Court of Human Rights greenlights our climate case
- January 7, 2021 – Confirmation of receipt from the ECtHR
- December 1, 2020 – Submission of our application to the ECtHR
- October 27, 2020 – Announcement of our request to the European Court of Human Rights (ECtHR)
- May 5, 2020 – Decision of the Federal Supreme Court to dismiss our appeal
- January 21, 2019 – Appeal at the Federal Supreme Court against the decision of the federal administrative court
- December 7, 2018 – Decision of Federal Administrative Court to dismiss our appeal
- Mai 26, 2017 – Appeal at the Federal Administrative Court against DETECs decision (the association counted 772 members)
- April 26, 2017 – DETEC dismisses request
- December 8, 2016 – Receipt confirmed by FOEN
- November 25, 2016 – The association and four lone fighters submit a legal request to the Federal Council, the Federal Department of Environment, Transport, Energy and Communication DETEC, the Federal Office of Environment FOEN and the Federal Office of Energy SFOE (the association counted 539 members)
- August 23, 2016 – Inaugural meeting of the association “Senior Women for Climate Protection Switzerland” (Verein KlimaSeniorinnen, 40 members)
Key documents
- Switzerland’s action report to the Committee of Ministers of the Council of Europe (original link), October 2024 – press release of Greenpeace International
- Our press release of August 28, 2024: Climate judgment: Federal Council sticks to climate strategy that violates human rights
- Our press release of April 9, 2024: Victory for Swiss Senior Women for Climate Protection: Climate protection is a human right
- The most important questions and answers on our complaint to the ECtHR, April 2024
- Our response of 28 April 2023 to Switzerland’s last-minute submission with annex 1 – expert report on emissions budget, annex 2 – response of Climate Analytics and annex 3 – response of Climate Action Tracker
Media release - Switzerland’s unanticipated last-minute submission of 29 March 2023 with annex 1 – Policy Brief and
annex 2 – internal working paper - Our oral submission of 29 March 2023 before the Grand Chamber of the ECtHR
- Letter and Questions to the parties of the ECtHR, to be addressed in their oral submissions at the hearing before the Grand Chamber, 16 March 2023
- Media background discussion, 7 March 2023:
– Documents in English, German, French and Italian
– all presentations can be found here - The ten most important questions and answers on our complaint to the ECtHR, February 2023
- Our video It’s time… for climate justice!
- Invitation to the media briefing on the Swiss climate case at the European Court of Human Rights on Tuesday, 7 march 2023
- Our press release of February 10, 2023 Case of the Senior Women for Climate Protection Switzerland will be the first climate case to be heard in public at the European Court of Human Rights ECtHR
- December 5, 2022 – 23 Third party interventions filed with the ECtHR
- Observations on the facts, admissibility and the merits, December 2022
- Reply of us to Switzerland’s answer: Summary, Observations on the Facts, Observations on the Law, Request for Just Satisfaction/Request for General Measures, October 2021 (Greenpeace media release)
- Third party interventions and the full list of signatories, September 2021 (Greenpeace media release)
- Statement of Switzerland to European Court of Human Rights, Juli 2021
- The Court delivers the case to Switzerland, March 2021 (Greenpeace media release)
- Application to the European Court of Human Rights, November 2020
- We bring the case to the European Court of Human Rights (Greenpeace media release)
- Decision of the Federal Supreme Court to dismiss our appeal: own translation of the judgement / Greenpeace media release
- Appeal to the Federal Supreme Court: own translation of the appeal / Greenpeace media release
- Judgement of the Federal Administrative Court dismissing our appeal: own translation of the judgement / Greenpeace media release
- Appeal to the federal administrative Court: Greenpeace media release
- The governments order dismissing our request: own translation of the juridical relevant part
- Original legal request to the federal government and the authorities: own translation: full length and summary
Other articles including the Swiss case
- 12 June 2024, article published by Reuters: “Swiss parliament snubs European court climate ruling”
- 12 June 2024, article published in The Guardian: “Swiss lawmakers reject climate ruling in favour of female climate elders”
- 6 May 2024, CIVICUS speaks with Dr Elisabeth Stern, board member of KlimaSeniorinnen Switzerland
- Media articles related to the ruling before the ECtHR on 9 April 2024: Swissinfo and Swissinfo II, BBC, Nature, BBC again, CNN, The Guardian, Politico
- 27 December 2023, article published in The Guardian: “We have a responsibility’: the older women suing Switzerland to demand climate action”
- Article published on 24 August 2023 by nature: “These veteran female activists are fighting a pivotal climate case with science”.
- Article published on 14 August 2023 by The Fuller Project: “As heat waves intensify, evidence that older women are hit hardest is growing. Now some are fighting back.”
- Article published in the New York Times on 6 August 2023: “Heat Waves Are Killing Older Women. Are They Also Violating Their Rights?”.
- Interview with co-president Anne Mahrer published in Impact – Les Glorieuses of 15 May 2023.
- “The challenges and promises of climate lawsuits” – article published by Knowable Magazine on 11 May 2023.
- CNN, 9 May 2023: Christiane Amanpour speaks to climate activist Elisabeth Stern and human rights lawyer Jessica Simor about their landmark climate lawsuit at Europe’s top human rights court.
- Guest essay Grandmothers of the world, Unite written by Marie Pipher, clinical psychologist and author, published in the New York Times on 16 April 2023.
- Media articles related to our hearing before the ECtHR on 29 March 2023: BBC, Washington Post, The Guardian
- 4 January 2023, article published in the Guardian: “Why 2023 will be a watershed year for climate litigation”
- “From court cases to the ballot box, climate change will take centre stage in 2023” – article published on swissinfo on 20 January 2023
- Press release of 5 December 2022 from Oxfam, Our Children’s Trust, and the Centre for Child Law regarding their Third Party Intervention
- Report of the Dutch television NOS from 28 May 2021
- Input on the case by Senior woman Elisabeth Stern at 350.org’s virtual event “The Global Just Recovery Gathering”, 8-11 April 2021
- Article on swissinfo.ch regarding the legal filing of the case at the European Court of Human Rights
in English, in italiano, em português, 在中文 - KlimaSeniorinnen: lessons from the Swiss senior women’s case for future climate litigation
- Holding your Government Accountable for Climate Change: A People’s Guide
The lawsuit is a project of the Association “KlimaSeniorinnen Schweiz”. We are supported by Greenpeace Switzerland and other organisations.