Uniterre et al. v. Swiss Department of the Environment (Swiss Farmers Case)

In March 2024, nine Swiss farmers and five farming interest associations petitioned the Swiss Department of Environment, Transport, Energy, and Communication (DETEC) to increase government action to defend against rising droughts that harm their livelihoods. The following claims were made. 1. The government should be ordered to take every measure capable of reducing the impacts of climate change and chronic drought on Swiss territory. 2. The Swiss government violated Article 10 of the Swiss Constitution and Article 2 of the European Convention on Human Rights (ECHR) regarding the right to life. 3. A violation of Article 13 of the Swiss Constitution and Article 8 of the ECHR regarding the right to private life 4. A violation of Article 26 of the Swiss Constitution regarding the right to property 5. A violation of Article 27 of the Swiss Constitution regarding the right to economic liberty 6. A violation of the climate objectives and environmental protection requirements enshrined in domestic legislation to ensure respect for the Paris Agreement The petitioners made these claims under the Swiss Federal Administrative Procedure Act, which states the government should refrain from alleged unlawful acts impacting “petitioners’ human and constitutional rights.” In September 2024, DETEC rejected the petitioners on standing grounds, citing that they lacked a harm more intense than that experienced by other segments of the population. In October 2024, the petitioners appealed the decision on three main grounds: 1. Ignoring the ECtHR’s ruling in KlimaSeniorinnen, which violates federal law and the binding force of judgments regarding the ECtHR 2. The emphasis on standing regarding the severe economic and health losses facing farmers 3. Violation of fair trial and access to justice entitlements The current status of the case is pending before the Swiss Federal Administrative Tribunal.