The Norwegian climate change framework in light of Article 8 of the ECHR

In a historic ruling earlier this year, the European Court of Human Rights (ECtHR) concluded that Switzerland violated human rights by not reducing enough emissions. To advise the authorities on the follow-up to the ruling, NIM has examined what it could mean for Norway. The conclusion is that Norwegian climate change framework is unlikely to meet the requirements and should be strengthened.

A Paradigm Shift for Climate Policy

On April 9, 2024, the ECtHR ruled for the first time, in the case of KlimaSeniorinnen v. Switzerland, that States have a duty to protect their citizens’ life and health against serious adverse effects of climate change under Article 8 of the European Convention on Human Rights (ECHR).

The judgement represents a paradigm shift, as politicians in countries that are parties to the ECHR must now ensure that they uphold human rights in the field of climate change. Based on thorough assessments of the relationship between law and politics, the ECtHR concludes that authorities must have a legal and administrative framework that ensures that  their greenhouse gas emissions are reduced substantially, progressively, and immediately . At the same time, the authorities have wide margin of appreciation to choose which climate measures they want to implement.

Switzerland was convicted of violating the ECHR because the authorities had not reduced enough emissions, adopted a carbon budget or similar national GHG emissions limitations, or legislated climate targets for the period between 2025 and 2030.

NIM’s Analysis and Conclusion

The ECHR is incorporated into the Norwegian Human Rights Act, and the government has announced a review of the ruling to ensure that Norway complies with the ECHR. In line with our advisory mandate, NIM has examined whether Norwegian authorities fulfill the obligation to protect their citizens from harmful climate change.

NIM’s conclusion is that the Climate Change Act is unlikely to meet the requirements under the ECHR, considering the ECtHR’s assessment in KlimaSeniorinnen. There are four reasons for this:

1. Like Switzerland, Norway has not adopted a comprehensive national carbon budget for national emission limits up to 2050 in line with the 1.5-degree target of the Paris Agreement.
2. Norway has not established sufficient intermediate climate targets in the Climate Change Act or a roadmap for how emissions will be reduced in various sectors up to 2050.
3. Norway’s emissions reductions (9.1%) are lower than Switzerland’s (19%). Even when considering emission trading systems, this suggests that Norway is not gradually transitioning to a low-emission society.
4. Norway has not clarified if or how climate goals will be met in cooperation with the EU in the future. This creates uncertainty about whether authorities will act quickly enough to develop legislation and measures to meet the climate goals in the Climate Change Act.

NIM’s Recommendations

NIM recommends that authorities strengthen the Climate Change Act. This will contribute to democratic anchoring of climate policy in Parliament and provide predictability for companies and individuals, as well as reduce the risk that Norway’s human rights obligations are not upheld. It will also reduce the risk of potential future climate litigation.

Questions?

Nora Vinsand

Senior Communications Advisor

90234737 nora.vinsand@nhri.no

Hannah Cecilie Brænden

Advisor

hannah.braenden@nhri.no

Magnus Eide

Senior Communications Advisor

93882453 magnus.eide@nhri.no