Portuguese youths sue 33 European governments at EU court in largest climate case ever
Retrieved on:
Wednesday, September 27, 2023
Exercise, Uncertainty, National, Failure, Crime, Life, Grand, Face, European Convention, State of the Netherlands v. Urgenda Foundation, Anxiety, Wildfire, National Human Rights Commission of India, Eye, Article, Lawyer, Urgenda, Article 2 of the European Convention on Human Rights, Privacy, ECHR, Government, Morality, European Court, Article 8 of the European Convention on Human Rights, Disorder, Climate change, Article 14, Grand Chamber of the European Court of Human Rights, Risk, Police, Human rights, International human rights law, Reading, Supreme court, United Kingdom, Climate, Health, Renewable energy, Lease, Practice of law
A little over three years ago, a group of Portuguese youths filed a legal action against 33 European governments to the European Court of Human Rights (ECHR) over what they say is a failure to adequately tackle global heating.
Key Points:
- A little over three years ago, a group of Portuguese youths filed a legal action against 33 European governments to the European Court of Human Rights (ECHR) over what they say is a failure to adequately tackle global heating.
- Now, the Strasbourg court will be hearing them on 27 September, in a novel, far-fetching bid to arm-twist them into taking climate action.
The claim
- Plaintiffs expressed their grave concern over governments’ insufficient efforts to limit global warming to 2°C above pre-industrial levels.
- Were the rest of the world to mirror their commitments, the global temperature would hike by 2 to 3°C, according to Climate Tracker.
Human rights to the rescue of climate justice
- Against a global backdrop of increasing climate litigation, the Duarte Agostinho application follows in the steps of other climate lawsuits to draw a clear link between human rights violations and climate change.
- The first to have blazed that trail in 2015 was the Urgenda Foundation, whose legal action compelled the government to cut emissions by 25% from 1990 levels on the grounds of its applicants’ human rights.
- They also claim to suffer from anxiety after wildfires in Portugal in 2017 killed more than 120 people.
- In the absence of a specific article on environmental protection, these articles are essential tools for protecting people against various forms of pollution and other nuisances.
- The youths also argue that governments, in failing to take bold climate action, have breached Article 14, which guarantees the right not to suffer discrimination in the “enjoyment of the rights and freedoms set forth in this convention,” with the view that climate change impacts their generation in particular.
Ushering in effective action
- To prevent this from happening again, young people will be banking on a range of principles from human rights, including that of effectiveness.
- According to this postulate, states cannot remain passive in the face of a violation of the rights of individuals.
- For the court, this principle originally offered a guarantee that states would implement the positive obligations of protection required by the convention.
- The latter orders parties to take action to prevent a provision from being violated, even in a context of uncertainty.
The European court’s climate challenge
- Because the ruling is set to be issued by the Grand Chamber, there will no possibility of appealing against it.
- The question of its impact on the continent’s climate justice also remains to be seen.
- However, it could sharpen states’ resolve in climate and human rights’ matters.