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KlimaSeniorinnen v Switzerland (European Court of Human Rights, 2024)

Europe
Switzerland
In progress
Photo credit Hadi via Wikimedia Commons
Summary
  • In Association KlimaSeniorinnen Switzerland and Others v Switzerland, the Grand Chamber of the European Court of Human Rights (ECtHR) found on 9 April 2024 that the Swiss Confederation breached Article 8 (right to respect for private and family life) and Article 6(1) of the European Convention on Human Rights (ECHR).
  • This landmark case was the first time an international court ruled against a state for insufficient climate action on the grounds of human rights.1 As such, the ruling established important principles for environmental jurisprudence in future national and ECtHR climate-related cases, also extending the scope of the Court’s applications.2
Case Essentials
Current status
In progress
Judgment Date:
April 09, 2024
Appeal or follow-up:
Yes
Last Verified:
28 Apr 2026
Full Case Summary and Files
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Ruling

Remedy ordered

  • Declaratory: The Court ruled that the Swiss Government must uphold its positive obligations to ensure effective protection from climate change effects, but that the Court could not be detailed or prescriptive about what those measures should be.3
  • Court fees / Expenses: The Swiss Government was ordered to pay €80,000 in costs and expenses from the court proceedings to KlimaSeniorinnen by 9 July 2024.4

Compliance mechanism

  • Oversight body: International supervision through the Council of Europe’s Committee of Ministers to ensure effective compliance of the Swiss Government without being prescriptive on the specific measures, in accordance with Article 46 of the ECHR (execution of judgements).5
Legal Basis
  • International Law: European Convention on Human Rights
    • Violation of ECHR right to respect for private and family life (Article 8) due to “critical gaps” in the Swiss domestic framework, including the absence of quantified national emissions limits ‘through a carbon budget or otherwise’. The ECtHR also found that Switzerland had previously missed emissions-reduction targets.6 The Court noted that positive obligations flow from international commitments, such as the UNFCCC and 2015 Paris Agreement, to limit the rise in global temperatures to protect against the serious adverse effects of climate change and irreversible impacts on human rights.7 The Court concluded that that Swiss authorities had not acted ‘in time and in an appropriate way’ and had therefore exceeded their margin of appreciation (the degree of deference used by the Court when applying the ECHR).
    • Violation of ECHR right to access to court (Article 6(1)) since Swiss authorities and courts had blocked meaningful judicial review of the KlimaSeniorinnen’s legal action.8
    • The Court did not rule on Article 2 (right to life), because it considered Article 8 sufficient, and it did not separately examine Article 13 (right to an effective remedy). The four individual applicants were found inadmissible, but the Court found that the association had legal standing to bring the case.
Implementation

Government response

  • Resistant:
    • On 28 August 2024, the Swiss Federal Council—the Federal Cabinet of the Swiss Confederation—said that Switzerland remained committed to the Council of Europe and the ECHR system, but criticized the Court’s climate-related interpretation of the Convention and took the position that Switzerland already met the judgment’s climate-policy requirements. It also rejected expanding association standing in climate cases.9 It criticised the application of the ECHR to environmental matters as an ‘illegitimate and inappropriate means of judicial activism’.10 This dismissal of the need for further Swiss measures was criticised by civil society and legal experts.11 The litigant association KlimaSeniorinnen, among others, condemned the lack of meaningful action to bring Switzerland on a path to comply with the ruling to its full extent.12
    • That said, Switzerland still engaged with the execution process. Switzerland paid the €80,000 costs award on time and, by 2025, had a broader federal climate framework in force, including the revised CO₂ Act, the Climate and Innovation Act framework, the Climate Protection Ordinance, and parts of the secure-electricity legislation.
    • It also remained in communication with the Council of Europe Committee of Ministers: it filed an action report in September 2024, a further communication in February 2025, and a more detailed supplementary communication in June 2025 to the Committee of Ministers.13

Legislation

  • Switzerland relied on the following legislation as part of its implementation measures for the ruling; they were not adopted as part of the judgment, but rather pre-dated it and entered into force later:
    • Federal Act on the Reduction of CO₂ emissions (15 March 2024, in force 1 January 2025)14 – The Swiss Government highlights this measure as a response to the judgement in its Action Report to the Committee of Ministers supervising the compliance and implementation15 although it was pre-existing before the ruling in April 2024.
    • Federal Act on Climate Protection Targets, Innovation and Strengthening Energy Security (‘Climate and Innovation Act’); in force 1 January 2025).16
    • Federal Act on a Secure Electricity Supply from Renewable Energy Sources (29 September 2023) was passed by popular vote on 9 June 2024 and entered into force on 1 January 2025.17
    • Revision of CO₂ Ordinance (2 April 2025) to operationalise and specify emission reduction targets and measures under the revised CO₂ Act.18

Policy

  • Second NDC / 2035 target: Switzerland second nationally determined contribution (NDC) was submitted to the UNFCCC on 29 January 2025, ahead of the formal 10 February deadline. That NDC sets a 2035 emissions reduction of at least 65 per cent emission compared to 1990 levels.19
  • Greenhouse gas inventory for 2022 was published by Swiss Government on 11 April 2024 as part of Switzerland’s regular annual reporting cycle.20

Institutional

  • Launch of ‘Adaptation to Climate Change in Switzerland’, a network of representatives of the various levels of government, science, business and civil society in 2025 under the Climate Ordinance to support adaptation action and collaboration.21

There is no appeal from the Grand Chamber judgment of the ECtHR; Grand Chamber judgments are final.

There is substantial follow up. The Committee of Ministers that is tasked to monitor the compliance of the Swiss government with the verdict requested Switzerland to submit another evaluation report in 2026 due to remaining insufficient implementation.22 Thus, the supervision of the case’s implementation is not yet concluded.

Sources

1 European Court of Human Rights (ECtHR), ‘Press Release: Violations of the European Convention for failing to implement sufficient measures to combat climate change’, ECHR 087, 09 April 2024, <https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7919428-11026177%22]}>, accessed 28 November 2025

2 Savaresi, A., ‘Verein KlimaSeniorinnen Schweiz and Others v Switzerland: Making climate change litigation history’, Review of European, Comparative & International Environmental Law, 34(1) (2025), pp. 279-287, <https://doi.org/10.1111/reel.12612> 

3 Committee of Ministers (CM), ‘H46-30 Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20): Supervision of the execution of the European Court’s judgments’,  CM/Del/Dec(2025)1521/H46-30 (6 March 2025), <https://search.coe.int/cm?i=09125948802643e0>, accessed 28 November 2025

4 Verein KlimaSeniorinnen Schweiz and Others v Switzerland App no 53600/20 (ECHR, 9 April 2024) [650]

5 Verein KlimaSeniorinnen Schweiz and Others v Switzerland App no 53600/20 (ECHR, 9 April 2024) [656], [657]

6 Verein KlimaSeniorinnen Schweiz and Others v Switzerland App no 53600/20 (ECHR, 9 April 2024) [573], [574]

7 Verein KlimaSeniorinnen Schweiz and Others v Switzerland App no 53600/20 (ECHR, 9 April 2024) [545], [546]

8 Verein KlimaSeniorinnen Schweiz and Others v Switzerland App no 53600/20 (ECHR, 9 April 2024) [640]

9 Federal Council of Switzerland, ‘Bundesrat klärt seine Haltung zum EGMR-Urteil über den Klimaschutz’ [Federal Council clarifies its position on the ECHR ruling on climate protection], 28 August 2024, < https://www.news.admin.ch/de/nsb?id=102244>, accessed 17 December 2025

10 Federal Assembly of Switzerland, ‘Erklärung des Nationalrates: Urteil des EGMR « Verein KlimaSeniorinnen Schweiz u.a. vs Schweiz»’ [Declaration of the National Council: Judgment of the ECtHR « Association KlimaSeniorinnen Schweiz u.a. vs Schweiz»], 29 May 2024, <https://www.parlament.ch/de/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20240054>, accessed 17 December 2025

11 Frost, R., ‘An ‘embarrassment’: Experts explain what could happen as Switzerland rejects landmark climate ruling’, euronews, 7 September 2024, <https://www.euronews.com/green/2024/09/07/an-embarrassment-experts-explain-what-could-happen-as-switzerland-rejects-landmark-climate>, accessed 17 December 2025

   International Commission of Jurists, ‘Switzerland: Failing to comply with European Court’s ruling on climate protection not an option’, 3 September 2024, <https://www.icj.org/switzerland-failing-to-comply-with-european-courts-ruling-on-climate-protection-not-an-option/>, accessed 17 December 2025

12 Heri, C., Blattner, C. E. and Cadalbert, T., ‘Another Brick in the Wall of KlimaSeniorinnen: The Committee of Ministers’ September 2025 Monitoring Decision’, EJIL Talk!, 6 October 2025, <https://www.ejiltalk.org/another-brick-in-the-wall-of-klimaseniorinnen-the-committee-of-ministers-september-2025-monitoring-decision/>, accessed 17 December 2025

13 KlimaSeniorinnen Switzerland, ‘Climate Protection is a Human Rights, n.d., https://en.klimaseniorinnen.ch/, accessed 28 April 2026

14 Swiss Confederation, ‘Bundesgesetz über die Reduktion der CO2-Emissionen’ [Federal Act on the Reduction of CO2 emissions], BBI 2024 686, 15 March 2024, <https://www.fedlex.admin.ch/eli/fga/2024/686/de>, accessed 17 December 2025

15 Swiss Confederation, ‘Communication from Switzerland concerning the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20)’, DH-DD(2024)1123, 8 October 2024, https://www.klimaseniorinnen.ch/wp-content/uploads/2024/10/Bilan-d-Action-Suisse.pdf, accessed 17 December 2025

16 Swiss Confederation, ‘Bundesgesetz über die Ziele im Klimaschutz, die Innovation und die Stärkung der Energiesicherheit (KlG)’, Federal Act on Climate Protection Targets, Innovation and Strengthening Energy Security (Climate and Innovation Act)], AS 2023 655, <https://www.fedlex.admin.ch/eli/cc/2023/655/de>, access 28 April 2026

17 Swiss Confederation, ‘Bundesgesetz über eine sichere Stromversorgung mit erneuerbaren Energien
(Änderung des Energiegesetzes und des Stromversorgungsgesetzes)’ [Federal Act on a Secure Electricity Supply with Renewable Energies (Amendment to the Energy Act and the Electricity Supply Act)], AS 2024 679, 29 September 2023, <https://www.fedlex.admin.ch/eli/oc/2024/679/de>, accessed 17 December 2025

18 Committee of Ministers (CM), ‘H46-37 Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20): Supervision of the execution of the European Court’s judgments’,  CM/Del/Dec(2025)1537/H46-37 (17 September 2025), <https://rm.coe.int/0912594880282f39>, accessed 28 November 2025

19 Swiss Confederation, ‘Communication from the authorities (14 February 2025) concerning Verein KlimaSeniorinnen Schweiz and Others v Switzerland (Application No 53600/20)’, DH-DD(2025)183, 14 February 2025, <https://rm.coe.int/0900001680b43f97>

20 Swiss Confederation, ‘Communication from Switzerland concerning the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20)’, DH-DD(2024)1123, 8 October 2024, https://www.klimaseniorinnen.ch/wp-content/uploads/2024/10/Bilan-d-Action-Suisse.pdf, accessed 17 December 2025

21 Committee of Ministers (CM), ‘H46-37 Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20): Supervision of the execution of the European Court’s judgments’,  CM/Del/Dec(2025)1537/H46-37 (17 September 2025),  <https://rm.coe.int/0912594880282f39>, accessed 28 November 2025

22 Committee of Ministers (CM), ‘H46-37 Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20): Supervision of the execution of the European Court’s judgments’,  CM/Del/Dec(2025)1537/H46-37 (17 September 2025),  <https://rm.coe.int/0912594880282f39>, accessed 28 November 2025

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