Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 202-216 |
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Khakzad Shahandashti M. The Right to Health through the Judgment of the European Court of Human Rights in the Case of Swiss Women and Verein
Klima Seniorinnen Schweiz V. Switzerland. MLJ 2024; 18 (59) :202-216
URL: http://ijmedicallaw.ir/article-1-1820-en.html
URL: http://ijmedicallaw.ir/article-1-1820-en.html
Department of Law, Faculty of Literature and Humanities, Guilan University, Rasht, Iran.
Abstract:
Background and Aim: The right to health is one of the fundamental human rights in relation to the right to life and requires the right to a healthy environment. Many international instruments have mentioned the right to have a clean, healthy and sustainable environment as a human right. The failure of governments to fulfill their environmental obligations is the subject of a lawsuit against the Switzerland government by four women and a Swiss association called "Verein KlimaSeniorinnen Schweiz". The consequences of global warming on living conditions, the right to health and the right to health prompted the plaintiffs to file a lawsuit in the European Court of Human Rights. They claim that the inefficiency of the Swiss government has made them be more vulnerable of the effects of climate change.
Method: This research was written using library documents and sources and descriptive-analytical method.
Ethical Considerations: All ethical considerations have been observed in this writing and the contents and sources have been expressed based on the principles of honesty and trustworthiness.
Results: The court recognized the right of the applicant association to complain about the threats caused by climate change, which is of common concern to mankind and requires the promotion of intergenerational sharing, in its decision citing the European Convention on Human Rights, a violation of Article 8 of the Convention on "the right to respect for private and family life" and found a violation of paragraph 1 of Article 6 of the Convention on "right to a fair trial" and as a procedural decision, it required the government to compensate the damage.
Conclusion: The right to health and its dependence on the right to a healthy environment creates this obligation for governments to put the necessary measures for appropriate action and care in areas such as climate changes on their agenda. The Court's decision based on violations of Articles 6 and 8 of the European Convention on Human Rights will influence court decisions across Europe and beyond and lead to more climate cases against governments.
Please cite this article as:
Khakzad Shahandashti M. The Right to Health through the Judgment of the European Court of Human Rights in the Case of Swiss Women and Verein KlimaSeniorinnen Schweiz V. Switzerland. Medical Law Journal. 2024; 18: e14.
Method: This research was written using library documents and sources and descriptive-analytical method.
Ethical Considerations: All ethical considerations have been observed in this writing and the contents and sources have been expressed based on the principles of honesty and trustworthiness.
Results: The court recognized the right of the applicant association to complain about the threats caused by climate change, which is of common concern to mankind and requires the promotion of intergenerational sharing, in its decision citing the European Convention on Human Rights, a violation of Article 8 of the Convention on "the right to respect for private and family life" and found a violation of paragraph 1 of Article 6 of the Convention on "right to a fair trial" and as a procedural decision, it required the government to compensate the damage.
Conclusion: The right to health and its dependence on the right to a healthy environment creates this obligation for governments to put the necessary measures for appropriate action and care in areas such as climate changes on their agenda. The Court's decision based on violations of Articles 6 and 8 of the European Convention on Human Rights will influence court decisions across Europe and beyond and lead to more climate cases against governments.
Please cite this article as:
Khakzad Shahandashti M. The Right to Health through the Judgment of the European Court of Human Rights in the Case of Swiss Women and Verein KlimaSeniorinnen Schweiz V. Switzerland. Medical Law Journal. 2024; 18: e14.
Keywords: Right to Health, Right to a Healthy Environment, Climate Change, European Court of Human Rights, European Convention on Human Rights
Type of Study: Original Article |
Received: 2024/03/4 | Accepted: 2024/07/21
Received: 2024/03/4 | Accepted: 2024/07/21
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