Başak Çalı Comments on Swiss Climate Case and European Court Ruling

A recent article in  The Guardian has highlighted comments by Başak Çalı, Professor of International Law, on the Committee of Ministers of the Council of Europe’s decision regarding Switzerland’s implementation of Europe’s first climate judgment. The decision reaffirms the authority of the European Court of Human Rights in holding states accountable for their commitments under human rights law to take effective climate action.

The case, brought by the KlimaSeniorinnen organisation, a group of older Swiss women, marked a historic ruling as the first climate-related ruling by the European Court of Human Rights. The court found that Switzerland had failed to put in place an adequate domestic legal framework to take effective measures to reduce its greenhouse gas emissions, violating the rights of vulnerable citizens under the European Convention on Human Rights. The ruling has since influenced climate litigation around the world.

Following the ruling, the Swiss government contended it revised its legislation and there was no need to take further measures. In response, the Council of Europe has now determined that Switzerland must provide further evidence of how its climate framework aligns with the ruling, in particular with the European Court’s requirement that its climate legislation must be based on quantification of a carbon budget or otherwise, of national greenhouse gas emissions limitations.

Professor Çalı welcomed the decision, stating: ‘It is a good day for respect for European court judgments and international law.’ She emphasised that the ruling demonstrated the importance of institutions like the European Court of Human Rights in ensuring states fulfil their legal obligations, adding that it would ‘help improve the lives of people everywhere.’

The Swiss government has said its authorities will assess the decision and determine what further information to provide. The case continues to set a precedent for climate accountability, with implications for all 46 member states of the Council of Europe.

The Bonavero Institute of Human Rights is organising a conference to discuss the implications of how Europe’s first climate ruling is implemented on 6 June 2025 during the University of Oxford Global Summit on Climate Change and Human Rights between 4-7 June 2025.

You can read a longer commentary on the implementation of the European Court’s first climate ruling by Professor Çalı.