A five-hour hearing this week saw a court case taken by three German farm families against the German government thrown out.
The families took the government to court for missing the country’s climate change targets and claimed the government was infringing on their constitutional right to life and health.
The Berlin administrative court decided last week that the complaint seeking more climate protection was admissible in principle, but dismissed the lawsuit considering that fundamental rights of the three farming families are not yet compromised.
For the first time in history, a German court has ruled that people's fundamental rights can be violated by the impacts of global heating
Lawyer for the families and Greenpeace, Dr Roda Verheyen, said: "For the first time in history, a German court has ruled that people's fundamental rights can be violated by the impacts of global heating.
“The court did not recognise a particular violation today, but that is not out of the question in the future. The message is clear: climate protection means protection of fundamental rights. German climate policies must observe that principle."
Mandate
The German government had originally requested to reject the complaint, alleging that climate protection was a political mandate and that fundamental rights could never be violated by global warming.
The court disagreed with this argument, but decided there was no evidence to show that meeting the 2020 German climate target is absolutely necessary at this point. The judges asked the farmers and their supporters to understand that the court must allow the government room to manoeuvre until the deadline.
Greenpeace Germany climate representative Lisa Göldner said: "The court has confirmed two things: climate cases are generally admissible and climate protection means protection of fundamental rights. We will now examine possible next steps for our claims. We believe that the court has fallen short of its potential today."
"Half-hearted decision"
One of the farmers who took the case, Silke Backsen, an organic farmer from the island of Pellworm, said: "I am disappointed by this half-hearted decision. The court has not done what is good for our future.
“This ruling does not save a single tonne of CO2. We are already significantly affected by the climate crisis. How bad does it have to get?"
Hay and millet
The farmers took the case originally after one of the farmers, who lives on an island in the North Sea, said they were afraid of losing their house to rising sea levels, while another lost half his hay and millet crop because of the soaring temperatures.
The decision can be appealed.
Read more
Farmers suing German government over climate change
A five-hour hearing this week saw a court case taken by three German farm families against the German government thrown out.
The families took the government to court for missing the country’s climate change targets and claimed the government was infringing on their constitutional right to life and health.
The Berlin administrative court decided last week that the complaint seeking more climate protection was admissible in principle, but dismissed the lawsuit considering that fundamental rights of the three farming families are not yet compromised.
For the first time in history, a German court has ruled that people's fundamental rights can be violated by the impacts of global heating
Lawyer for the families and Greenpeace, Dr Roda Verheyen, said: "For the first time in history, a German court has ruled that people's fundamental rights can be violated by the impacts of global heating.
“The court did not recognise a particular violation today, but that is not out of the question in the future. The message is clear: climate protection means protection of fundamental rights. German climate policies must observe that principle."
Mandate
The German government had originally requested to reject the complaint, alleging that climate protection was a political mandate and that fundamental rights could never be violated by global warming.
The court disagreed with this argument, but decided there was no evidence to show that meeting the 2020 German climate target is absolutely necessary at this point. The judges asked the farmers and their supporters to understand that the court must allow the government room to manoeuvre until the deadline.
Greenpeace Germany climate representative Lisa Göldner said: "The court has confirmed two things: climate cases are generally admissible and climate protection means protection of fundamental rights. We will now examine possible next steps for our claims. We believe that the court has fallen short of its potential today."
"Half-hearted decision"
One of the farmers who took the case, Silke Backsen, an organic farmer from the island of Pellworm, said: "I am disappointed by this half-hearted decision. The court has not done what is good for our future.
“This ruling does not save a single tonne of CO2. We are already significantly affected by the climate crisis. How bad does it have to get?"
Hay and millet
The farmers took the case originally after one of the farmers, who lives on an island in the North Sea, said they were afraid of losing their house to rising sea levels, while another lost half his hay and millet crop because of the soaring temperatures.
The decision can be appealed.
Read more
Farmers suing German government over climate change
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