Human Rights Challenges

Human Rights Challenges

Published August 11, 2025

Climate change is a global challenge, including where human rights are concerned. Basic human interests and needs are affected or threatened by climate change. 

A clear and welcoming direction was given by the Grand Chamber of the European Court of Human Rights in its 260 page landmark judgement of the 9 April 2024 in re “Verein Klimaseniorinnen Schweiz and others v. Switzerland “.

Claimants included an association of senior citizens for climate protection.  They argued that the Swiss government`s insufficient action on climate change had violated their human rights as protected by the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Art 2 (Right to life) Art 6 (Right to a fair trial) and Art 8 (Right to respect for private and family life) and The Grand Chamber found in favour of the association as far as Art 8 was concerned.  

The Court declared that Switzerland had failed to comply with its positive obligations under the Convention concerning climate change. States had an obligation to adopt “timely, adequate, and consistent” measures to mitigate the impacts of climate change to protect people’s homes and lives.  The Court found that there were criticial gaps in establishing a relevant domestic regulatory framework, including by means of a carbon budget or national CHG emissions limitations.  The Court acknowledged the direct link between insufficient climate measures and the infringement of the right to private and family life.  Furthermore the Court was severely critical of the Swiss authorities`s lack of coherent strategy to meet emission-reduction targets, its failure to show adequate implementation of domestic laws aligning with international commitments (Paris Agreement) and policy failures on climate mitigation targets.

The composition of the Grand Chamber is that of 17 Judges.  One of the Judges of the Court that gave that judgement was Judge Lorraine Schembri Orland from Malta. 

This October, Judge Schembri Orland will be in Malta to attend and speak at International Conference : “Upholding Good Governance in Challenging Times : The Role of the Ombudsman” that will be marking the 30th Anniversary of the constitution of the Office of the Ombudsman in Malta.  She will be a panelist on the theme: “Protecting the Vulnerable: The Role of the Ombudsman in Protecting Human Rights”.