Press release
Iconic Swiss seniors climate judgment invoked in Polish Supreme Court citizen appeal
28 August 2024
Poland’s top court is set to hear one of the first lawsuits in Europe relying on the groundbreaking judgment from the Swiss KlimaSeniorinnen case, which was won in the European Court of Human Rights (ECtHR) earlier this year.
In 2021 ClientEarth supported Małgorzata Górska, a Polish citizen and nature conversationist, and four other claimants to take action against the Polish government for its inadequate response to climate change. Małgorzata Górska and ClientEarth are now bringing an appeal before the country’s Supreme Court, with new legal leverage provided by the recent ECtHR ruling.
The KlimaSeniorinnen case successfully argued that Swiss senior women’s right to private and family life under the European Convention on Human Rights was being violated due to their government’s lack of ambitious national climate action. The ECtHR confirmed the violation and defined guardrails for member states of the Council of Europe regarding climate change.
Ms. Gorska said: “My life and my agricultural enterprise have been affected by a dramatically changing climate – and since launching this case, the consequences of the climate crisis have only gotten worse for people all across the world.
“I turned to the courts because it is time for change and politicians must be compelled to act. Climate justice trailblazers have been such an inspiration to me – and I’m proud to follow in their footsteps.”
Poland is one of the few European countries with no legally binding pathway to climate neutrality. The ECtHR’s judgment confirms that this is now a minimum expectation and obligation on countries to uphold their citizens’ fundamental rights.
The court elaborated standards around climate mitigation and adaptation, as well as a binding expectation that all countries should have a carbon budget or equivalent GHG reduction mechanism.
ClientEarth Board President in Poland, Ilona Jędrasik said:
“The Polish government is far behind on climate change. Despite the draft climate law prepared by ClientEarth, successive Polish governments continue to ignore their climate commitments. We need a coal end date, a long-term climate strategy, a rigorous carbon budget and a 2043 deadline for net zero.”
The last year has seen a number of significant judgments in climate cases – from Germany’s youth victory to the top authority on marine protection confirming that States have a legal obligation to slash greenhouse gas emissions to protect our oceans. The International Criminal Court is weighing its approach to environmental crime, given the “existential threat to all life on the planet.”
Jędrasik added: “The landscape for climate litigation is evolving and governments need to be clear on that. People have fundamental rights, and these rights are contingent on a livable environment – and it is governments’ responsibility to ensure they have one. Effective climate laws are a cornerstone of that process, as the European Court of Human Rights has made clear.
“Governments that lack adequate climate legislation or fail to put such plans into real action run the risk of exposing themselves to legal action, as courts continue to clarify what states must do when it comes to addressing climate change.”
The proceedings for this Supreme Court appeal in Poland could take a couple of years to conclude.
ENDS
Notes to editors:
- Original case launch story: Why five Polish citizens are taking their government to court over climate change
- KlimaSeniorinnen case overview
- ClientEarth’s third-party submission to the KlimaSeniorinnen case (and summary of the judgment)
- ClientEarth’s reaction to the KlimaSeniorinnen judgment
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.