In a bold move to hold nations accountable for their actions on climate change, six Portuguese youths have brought a case before the European Court of Human Rights (ECHR), targeting 32 nations for their perceived inaction in addressing global warming. This landmark case, now under the ECHR’s scrutiny, underscores the growing urgency for climate justice through the legal system.
Portuguese Youths Demand Climate Justice
The European Court of Human Rights (ECHR) commenced hearings on Wednesday in a groundbreaking case initiated by six young activists from Portugal. These youths, ranging from ages 11 to 24, have accused 32 nations of failing to take adequate measures to combat the devastating consequences of global warming. Their complaint marks the latest attempt to secure climate justice through legal means.
Health and Natural Disasters Fuel Youth’s Climate Case
The plaintiffs argue that their lives and well-being have been adversely affected by climate change, resulting in anxiety over their health and increased vulnerability to natural disasters. The catalyst for their legal action was the catastrophic wildfires that ravaged Portugal in 2017, leaving over 100 people dead and vast swaths of the country in ashes. Some of the plaintiffs contend that they continue to suffer from allergies and respiratory problems, conditions exacerbated by the fires and likely to persist if global temperatures continue to rise.
Andre Oliveira, a 15-year-old plaintiff, lamented, “European governments are not managing to protect us. We’re on the front lines of climate change in Europe: even in February, it’s sometimes 30 degrees. The heatwaves are getting more and more serious.”
The youths maintain that the 27 European Union member states, along with Russia, Turkey, Switzerland, Norway, and the United Kingdom, have all fallen short in their efforts to curb greenhouse gas emissions, resulting in adverse impacts on their lives and health.
In legal terms, their case hinges on alleged violations of their rights to life and respect for private life, as outlined in Articles 2 and 8 of the European Convention on Human Rights.
European Court of Human Rights Gives Priority to Climate Lawsuit
The hearing drew the attention of over 80 representatives and legal experts from the implicated nations, demonstrating the significance of this case on a global scale. Notably, Russia was not represented at the hearing, and the plaintiffs have withdrawn their complaints against Ukraine.
The ECHR is treating this case with the utmost seriousness, designating it a “matter of priority” and assigning it to the highest echelons of the court’s judges. Earlier this year, the ECHR considered two other climate-related cases involving France and Switzerland, although final rulings on those cases are still pending.
Before delving into the merits of the case, the ECHR’s Grand Chamber must initially determine the admissibility of the Portuguese youths’ complaint. This unique legal action bypassed domestic courts, as the youths directly approached the ECHR, marking a critical juncture in the pursuit of climate justice through international law.
