“This house is my one climate crime. It is too big for two people.” Rosmarie Wydler-Wälti standing in her back garden in Basel. Photo: Keystone tracted attention from outlets like Al-Jazeera and the “New York Times”. The day after she spoke to us, Wydler-Wälti took the train to Strasbourg again – this time to express solidarity with another climate lawsuit taking place at the ECHR. Six young people from Portugal have taken 32 European countries including Switzerland to court. From young to old – climate action is important regardless of demographic, says Wydler-Wälti. “If we win our case, everyone wins in the end.” eral Office of Public Health and Federal Office for the Environment, there were 474 heat-related deaths in Switzerland during the record-breaking summer of 2022, all among the over75s, with 60 percent of fatalities being women. Excess deaths due to heat were higher in older women than in older men. There are, therefore, good legal reasons why membership of the group is restricted to older women. “It means that we are bona fide claimants,” says Wydler-Wälti. The group took its case to the Federal Office for the Environment, then to the Federal Administrative Court, then to the Federal Supreme Court. It lost three times. According to the Federal Supreme Court, the women’s rights had not been sufficiently affected. Then came Strasbourg. In 2020, the group and four individual women took out a lawsuit against Switzerland at the European Court of Human Rights (ECHR) in Strasbourg. The ECHR’s Grand Chamber of 17 judges conducted a public hearing in March this year, with Swiss government representatives and the claimants’ team of lawyers making their respective cases. In particular, the Swiss government argued that action on climate change is a complex challenge for politicians, not for courts. “We have already lost a lot of time” “Wow”, thought Wydler-Wälti as she sat in the courtroom. They were finally being taken seriously. Not only that, but she and her fellow claimants were potentially on the way to setting a legal precedent across the member states of the Council of Europe, of which Switzerland itself has been a member since 1963. This is because the court in Strasbourg was deciding for the first time whether there is a link between climate change and human rights. But why were the women not trying to win majority support for their cause through democratic means in Switzerland, i.e. gain the sort of backing that saw voters approve the Climate and Innovation Act earlier this year? “We have already lost a lot of time,” the co-chair replies. Popular votes, elections, demonstrations, lawsuits – anything that will help their cause is welcome. The “grannies” are being “played” by Greenpeace, some people have said. This is an insult as far as Wydler-Wälti is concerned. Yes, they are in contact with Greenpeace. Indeed, the environmental organisation is covering their legal costs. But the women make their own decisions. They have come together with a wealth of expertise and experience and have many years of campaigning already under their belt. Solidarity with the young generation Appearing at the ECHR in Strasbourg has put Wydler-Wälti and friends in the public spotlight. People have praised them for their courage and tenacity. Others have been less flattering, suggesting they should go home and look after their grandchildren. Someone sent them an anonymous email saying old women like them used to be burned at the stake. Wydler-Wälti: “Being compared to a witch is a compliment in my book. They were strong women.” A ruling from Strasbourg is not expected until 2024. Meanwhile, the women are giving talks, organising events and fielding media inquiries from around the world. They have already atLink to the Strasbourg hearing of 29 March 2023: revue.link/hearing Swiss Review / December 2023 / No.6 17
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