The climate alarmist group Aurora has sued the Swedish state, claiming that their human rights have been violated because the government has not taken sufficient measures to counteract alleged climate change,
The Supreme Court has now decided not to hear the case.
The approximately 300 activists claim that Sweden’s, in their view, inadequate climate action has violated their rights under the European Convention.
“They argue that the state is not taking sufficient measures to combat climate change and that the state is not meeting certain stated climate objectives. They seek a declaration that the State is not taking certain specifically enumerated measures. In the alternative, they have requested the Court to order the State to take certain specified measures to reduce the concentration of greenhouse gases in the atmosphere”, writes the Supreme Court.
The Court writes that individuals with reference to the ECHR may indeed in some cases have the right to bring a climate action against the state – but that in that case they must be able to show that they themselves have been adversely affected. The Supreme Court does not consider that these requirements have been met in the Aurora case.
“It is a fundamental principle not to allow an action by individuals to defend public interests and climate change affects everyone. There are therefore very high requirements for individuals to have the right to bring such an action. Individuals are only entitled to judicial review if the State’s failure has caused sufficiently imminent and certain effects on their individual rights”, it says.
“Extremely stressed”
– The Supreme Court has thus concluded that the group members’ lawsuit, as it was formulated in the district court, cannot be tried, clarifies Judge Jonas Malmberg, emphasizing that no position has been taken on how different alternative scenarios would be assessed.
In the tabloid Aftonbladet, Aurora’s spokesperson, Ida Edling, states that she is “extremely stressed” by the Supreme Court’s decision – because she believes that we “only have five years to reach the 1.5-degree target”.
– It is also important to say that the Supreme Court has not said anything about the legality of Swedish climate policy. They have only said that the Aurora case cannot be tried in Swedish courts, she continues.
– We need to analyze the decision, but we will continue to work feverishly to ensure that Sweden takes its legal responsibility to protect human rights. We are in a burning crisis. It is important that the whole society takes its responsibility, also legally to ensure that the state takes sufficient climate action, she concludes.
