In a groundbreaking move, six Portuguese youth activists have initiated legal proceedings against 32 European governments, accusing them of insufficient action on climate change and thereby infringing on their human rights. The case was launched at the European Court of Human Rights (ECHR) in Strasbourg and stands as the court’s largest climate-related lawsuit to date.
Ranging in age from 11 to 24, the young plaintiffs are targeting not just the 27 EU nations, but also the UK, Switzerland, Norway, Russia, and Turkey. The group, present for the hearing, took to social media to voice their resolve: “Today we will stand up at the ECHR to argue for our rights and our future.”
Should the activists triumph, this could mandate accelerated climate change mitigation efforts by the member nations. Gearóid Ó Cuinn of the Global Legal Action Network (GLAN), supporting the activists, drew attention to the case’s significance, dubbing it a “David and Goliath” scenario with unprecedented consequences. As ECHR rulings are binding, non-compliance can result in substantial fines.
Gerry Liston, a lawyer from GLAN, emphasized the potential transformative impact of a favorable verdict. Not only would it compel the respondent nations to amplify their climate mitigation endeavors, but it would also set a legal precedent for subsequent climate lawsuits, directing national courts.
The plaintiffs argue that inadequate responses to anthropogenic climate change infringe upon their rights, notably the right to life, while also harming their physical and psychological health. Martim Agostinho, one of the activists, highlighted the urgency of emissions reduction, drawing attention to escalating temperatures in his homeland.
This lawsuit was catalyzed by the devastating wildfires that razed central Portugal in 2017, resulting in over 100 fatalities, a tragedy experienced first-hand by four of the plaintiffs.
However, the activists face challenges ahead. They must validate their claim of being climate change victims, which the legal representatives of the 32 nations contest. Additionally, they need to establish that governments are legally bound to uphold the 1.5°C temperature rise limit set by the 2015 Paris climate accord.
Support for the youth was palpable outside the courtroom, with numerous supporters displaying banners of encouragement.
Despite the backing, the odds are daunting: a vast assembly of lawyers represents the 32 nations, in contrast to the six advocating for the young plaintiffs.
While legal experts from the 32 countries debate the case’s validity and jurisdiction, the momentum for climate litigation is unmistakably on the rise globally. Recent victories for environmental activists in the US and two other climate-focused cases awaiting the ECHR’s grand chamber’s review attest to this. A verdict on this landmark case is anticipated in early 2024.
