Justice minister warns over Swiss parliament protest against climate ruling

The KlimaSeniorinnen (the Climate Senior Women) celebrate a ruling by the European Court of Human Rights that said Switzerland had violated the human rights of its citizens by not doing enough to prevent climate change. Keystone / Jean-Christophe Bott

Justice Minister Beat Jans says a possible declaration by the Swiss parliament against the European Court of Human Right (ECHR’s) recent landmark climate ruling against Switzerland could be problematic and send a negative signal.

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On June 5, the Swiss Senate will decide whether to issue a declaration against the ECHR climate ruling. The House of Representatives will vote on the same question in two weeks.

Justice Minister Beat Jans reminded Swiss public radio, SRF, on Saturday: “There is a very important separation between the courts and politics.”

At the beginning of April, the ECHR ruled in favour of the women’s association and found that Switzerland had violated the European Convention on Human Rights. Switzerland had failed to fulfil its duties regarding climate protection.

+ Landmark ruling: Switzerland’s climate policy violates human rights

Last month the Senate Legal Affairs Committee concluded that the ECHR had “overreached its authority” with its climate judgement. This position was sharply criticised by the KlimaSeniorinnen (the Climate Senior Women) association that filed the climate case in Strasbourg.

+ Female climate activists could report Switzerland to Council of Europe

Social Democrat Senator Daniel Jositsch sees things differently. It is not parliament that is violating the separation of powers but the human rights court, he told SRF.

“For years, the court has independently developed the Human Rights Convention and thus taken on the role of the legislator,” he said. “We want to change that.”

Critics fear that a declaration by Swiss parliament against the ECHR climate ruling could send a troubling signal.

Jans agrees: “We have to be careful not to end up in the same category as countries that do not implement [ECHR] decisions… we should not set a bad example and not accept what the courts say.”

+ Senate commission criticises ECHR for climate ruling against Switzerland

Jositsch, however, argues that the ECHR is endangering the cause of human rights: “With the climate ruling and other controversial decisions, it is weakening the international courts and their acceptance.”

Jositsch says the Federal Council should tell the Council of Europe that Switzerland is already complying with the climate ruling and sees no reason to further comply with the ruling.

Adpated from German by DeepL/sb

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