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The Climate Litigation Database

Climate sit-in on the Promenade de la Treille, Geneva, Switzerland

Geography
Year
2019
Document Type
Litigation

About this case

Filing year
2019
Status
Decided
Court/admin entity
Switzerland → Switzerland's Federal Supreme Court
Case category
Suits against corporations, individuals (Global) → Protesters (Global)
Principal law
International Law → European Convention on Human RightsSwitzerland → ConstitutionSwitzerland → Criminal Law
At issue
1) Whether the protest was protected under art. 11 of the European Convention of Human Rights
Topics
, ,  

Documents

Summary

In March 2019, climate protesters performed a sit-in after the end of an authorized demonstration in Geneva. They were charged with a penal order with a fine for participating in an unauthorized demonstration and refusing to comply with an official order (art. 10 of the local police regulation). After appealing the penal order, the regional court (first instance) cleared the 11 accused based on fundamental rights enshrined in the Swiss Constitution (art. 22, 16, 35, 36) and the European Convention of Human Rights (art. 11). The cantonal and federal courts confirmed this decision on the grounds of article 11 of the European Convention of Human Rights.

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Group
Topics
Policy instrument
Impacted group
Just transition
Fossil fuel
Economic sector
Finance