Happy days? You must be joking as we live in apocalyptic-like scary times

Siobhán McSweeney in Landmark Productions' Happy Days. Picture: Patrick Redmond
What may not have been anticipated but is now a reality, the law is having to deal with new challenges because of climate change.
There’s the case of the elderly group of Swiss women who argue that heat waves, caused by climate change, are endangering their lives. The Swiss women, all over the age of 63, claim climate change is interfering with their rights to life and health. They say the Swiss government has responsibility for this harm because of its contribution to global climate change and weak domestic policies aimed at reducing emissions. The European Court of Human Rights has never ruled on a case related to the climate crisis. The ruling could set a precedent.
During the hearing, the judges asked a number of hard and important questions. What standards should the court apply when assessing the adequacy of the governments’ climate policies under human rights law? How should the court interpret the need to protect the rights of those at risk of climate change? What steps do governments need to take to prevent the climate crisis from worsening?
This case from the ‘Senior Women for Climate Protection’ could play an important role in holding governments to account for their inaction on climate change. It is not the sole climate case to go before the court. The court also heard a case brought against the French government while a child-led climate case, against a number of European governments, will have a hearing later in the year.
According to Nate Bellinger, senior staff attorney at Our Children’s Trust: “This trial will be an historic opportunity for these 16 young Montanans and their experts to testify in open court about how the state of Montana’s historic and ongoing promotion of fossil fuels is causing plaintiffs grave injuries and the urgent need for judicial intervention.
“As climate destructions mount with each passing month, it has never been more important for youth-led constitutional climate cases, such as this one, to have their day in court.”
The plaintiffs say Montana’s fossil fuel energy system “degrades and depletes constitutionally-protected public trust resources, including the atmosphere, rivers, lakes, fish and wildlife.”
The case is one of several that are being taken by Our Children’s Trust on behalf of young people. The group has been representing young people to enforce climate change legal rights.
Children are disproportionately affected by climate change, particularly in poor communities. Their mental health is greatly impacted by global climate change. Displacement caused by floods, hurricanes and fires take a terrible toll on children. Some 71% of middle school-aged children and 50% of pre-school children that experienced Hurricane Katrina suffered post traumatic stress disorder. The World Health Organisation estimates that children under the age of five carry the burden of 88% of global climate change.
Climate change may affect children’s health more directly than adults because their organs and immune systems are still developing. Children’s lungs are more easily damaged by air pollutants since children breathe at a faster rate than adults.
The notion of being buried in sand, á la Winnie in ‘
,’ is a metaphor for a hostile world. If only we all could remain cheerful like this rather silly woman.