CHR-NI-2016-0001 Supplementary Memorandum by Resource Person, Katherine Lofts
Status: Petition filed
Jurisdictions: Switzerland
The petitioners are a group of older women who allege that the Swiss Government,
by failing to take sufficient action to reduce greenhouse gas emissions consistent
with the goal of keeping the global temperature rise below 2ºC, has infringed upon
rights enshrined in the Swiss Constitution and under the European Convention on
Human Rights. The petitioners are concerned for their health and well-being, and
note that their demographic group is especially vulnerable to the heat waves
expected to result from climate change. The petition requests that the government be
required to develop a regulatory approach to achieving greenhouse gas emissions
reductions of at least 25% below 1990 levels by 2020 and at least 50% below 1990
levels by 2050.
(10) A Request for an Advisory Opinion from the Inter-American Court of
Human Rights Concerning the Interpretation of Article 1(1), 4(1) and 5(1) of
the American Convention on Human Rights
Filing date: 2016
Reporter information: OC-23/17
Status: Decided
Jurisdiction: Inter-American Court of Human Rights
The Inter-American Court of Human Rights issued an advisory opinion finding that
the right to a healthy environment is a human right. In Advisory Opinion OC-23/17,
issued on November 15, 2017, the Court recognized the existence of an irrefutable
relationship between the protection of the environment and the realization of other
human rights, due to the fact that environmental degradation – including climate
change – affects the effective enjoyment of other human rights. In particular, the
Court emphasized the interdependence and indivisibility amongst human rights, the
environment and sustainable development.
The Court further determined that, under the Inter-American human rights system,
States have a number of environmental obligations, including the obligation to
ensure that they comply with their duties to respect and ensure the right to a healthy
environment and the numerous other connected rights (including economic, social
and cultural rights). As a result, all States who recognize the jurisdiction of the Court,
as well as all citizens of those countries, may file claims concerning environmental
harms that impact human rights.
*The official English summary of the Advisory Opinion is appended to this
memorandum.
(11) Greenpeace Nordic Association and Natur Og Ungdom (Nature & Youth)
v. The Government of Norway
Filing date: 2016
Case No: 16-166674TVI-OTIR/06
Status: Appeal filed on 5th February, 2018
Jurisdiction: Norway (Oslo District Court; Court of Appeal)
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