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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2025)1521/H46-30 |
6 March 2025 |
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1521st meeting, 4-6 March 2025 (DH)
H46-30 Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20) Supervision of the execution of the European Court’s judgments Reference document |
Decisions
The Deputies
1. recalled that this case concerns the authorities’ failure to sufficiently comply with their positive obligation to adopt, and effectively apply, regulations and measures capable of mitigating the existing and potentially irreversible, future adverse effects of climate change (violation of the right to private and family life and home) and also the lack of effective access of an association to court, in respect of complaints concerning the effective implementation of national measures capable of mitigating the effects of climate change (violation of the right to a fair trial);
2. recalled further the Court’s findings that climate change is one of the most pressing issues of our times and that the inadequacy of past State action to combat climate change globally aggravated the risks of adverse consequences and the ensuing threats for the enjoyment of human rights;
As regards individual measures
3. noted that the just satisfaction awarded by the Court was paid on time and that the applicant association did not avail itself of the possibility to request the reopening of the domestic proceedings; noted further, as regards the right to effective protection by the State authorities from serious adverse effects of climate change, that individual measures are closely linked to the general measures; considered, therefore, that no further separate action is required as regards individual measures;
As regards general measures
4. recalled that the Court identified three types of measures to be addressed in relation to the State's positive obligation to ensure effective protection from the serious adverse effects of climate change, namely measures capable of mitigating the existing and potentially irreversible, future effects of climate change; adaptation measures aimed at alleviating the most severe or imminent consequences of climate change; and procedural safeguards in connection with both types of measures;
5. as regards mitigation measures:
- noted with interest that certain issues have been resolved on the federal level, such as the filling of legislative lacunas (in particular the adoption and entry into force on 1 January 2025 of the revised CO2 Act, setting climate goals and measures until 2030, as well as of the Act on the secure electricity supply and the Climate Protection ordinance); noted also with interest the evaluation of a first carbon budget and the numerous measures taken or being prepared both at the federal and cantonal levels to reach the greenhouse gas emissions objectives defined in the law;
- invited the authorities to provide further information on the implementation measures on the federal and cantonal level, in particular as regards progress in the development of the draft CO2 ordinance; invited also the authorities to further demonstrate that the methodology used to devise, develop and implement the relevant legislative and administrative framework responds to the Convention requirements as detailed by the Court and relies on a quantification, through a carbon budget or otherwise, of national greenhouse gas emissions limitations; in so doing, encouraged the authorities to use the questions set out by the Secretariat in the Notes on the agenda, including on any national mechanism to monitor and assess the mitigating measures ;
6. as regards adaptation measures, noted with interest the creation of the “Adaptation to Climate Change in Switzerland” network, the ongoing update of the report “Risks and Opportunities of Climate Change” and the development of a federal strategy on adaptation to climate change; invited the authorities to update the Committee on progress on all the above and on concrete measures being taken to alleviate the most severe or imminent consequences of climate change in Switzerland, including any particular needs for protection, especially for persons in vulnerable situation;
7. as regards procedural safeguards, noted the information submitted by the authorities as regards the publication of information and public consultations and invited the authorities to provide concrete examples showing their effectiveness in practice in the field of climate change;
8. concerning associations’ right of access to a court in climate-change litigation and keeping in mind the direct applicability of the Convention in Switzerland, noted with interest the information submitted concerning initiatives taken to disseminate the judgment to relevant authorities, as well as the preparation of a report on this matter for the Federal Council; invited the authorities to update the Committee on the evolution of domestic case-law, regarding both the standing of associations to bring climate change-related cases and on courts’ assessments of the merits of such cases;
9. invited the authorities to present updated information on all the above questions and decided to resume the examination of this case at their 1537th meeting (September 2025) (DH).