July 2024
Activist Lawyer podcast host Sarah Henry was delighted to sit down with Garden Court Chambers Barrister, Marc Willers KC who happened to be on a working visit to Northern Ireland. Marc joined Sarah in the Newry-based podcast studio where he was delighted to learn of the city’s new statue tribute to footballing legend and personal hero of his, Mr Pat Jennings!
Sarah was eager to discuss Marc’s recent success in the KlimaSeniorinnen v Switzerland case where an association of senior women in Switzerland took the Swiss government to the European Court of Human Rights. The complainants sought to challenge the adequacy of the Swiss government’s climate change mitigation targets and implementation measures as a possible infringement on their human rights.
The Grand Chamber of the Court ruled that Switzerland is in fact violating the human rights of the women because the state is not taking the necessary steps to combat global warming finding a violation of Art 8 and Art 6 of the ECHR.
The Court also found that the action brought by the association, which currently represents over 2,500 women aged 64 and over, also has ‘victim status’. It found that Switzerland had failed to comply with its duties under the Convention concerning climate change and must now adjust its current climate targets based on science.
On this ground-breaking judgment, Marc who formed part of the legal team representing the women, comments that the case ‘has to be the highlight of his career so far.’ As climate justice and environmental legal actions continue to make headlines (for the right reasons) Marc discusses the significance of cases like KlimaSeniorinnen but also how young people are getting more involved in taking action. ‘I think we are seeing young people at the vanguard of the climate litigation that is before the courts because the climate emergency is going to affect them most…I think young people and children are looking at politicians and their failure to tackle climate change, their failure to adopt policies and enact legislation that will do its job effectively within a short period of time.’ He goes on to note that young people are continuously frustrated by the inaction of their elders that they are ‘turning to litigation wherever they can.’ On the judicial response to these actions, judges are becoming more ‘receptive.’ While this is positive, there is still some way to go in ensuring the urgency of climate matters brought before courts is recognised!
On the same day Marc recorded his interview in our studio, he received important news on a case called Finch taken against Surrey County Council. The Supreme Court in London had just handed down judgment in a climate action case concerning his client, Sarah Finch supported by Weald Acton Group who challenged a decision by the Council to grant planning permission for oil production in the Surrey Hills near Gatwick. The Council, in the court’s findings, had not taken account of the downstream emissions that would result from the burning during production. As Marc says, ‘the decision will obviously have an impact on many cases that have been backed up and adjourned pending the outcome of this case, but also on each and every decision taken by a planning authority in the UK where they have to consider the grant of planning permission for fossil fuel development.’
In considering activism and the law when it comes to climate change, Marc shared his opinion; ‘activism is so important if we are to make significant change, whether it be before the courts or in Parliament. Courts and judges can make a difference. But ultimately, we need politicians to change their behaviour. In climate justice cases, we try and convince judges that the government of the day has not taken necessary steps to tackle climate change.’
Activism outside the courts is crucial according to Marc, ‘because if we can vote out those that are failing to tackle climate change, failing to protect the rights of children and future generations, then we will get to our goal of achieving net zero, but going perhaps further than that and significantly mitigating or reducing the harm that is being caused by global warming.’
The episode of Activist Lawyer featuring Marc Willers KC can be streamed here.
KlimaSeniorinnen: https://climatecasechart.com/non-us-case/union-of-swiss-senior-women-for-climate-protection-v-swiss-federal-council-and-others/
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