Youth Standing for Climate Justice: Landmark Case Heads to the European Court of Human Rights

Landmark Climate Change Case to be Heard by European Court of Human Rights

Introduction

Six young people from Portugal will present a landmark case before the European Court of Human Rights (ECtHR) on September 27, arguing that countries are breaching their human rights by failing to do enough to protect them from climate change. If successful, this case could legally require the 27 EU member states, as well as the United Kingdom, Switzerland, Norway, Russia, and Turkey, to reduce their greenhouse gas emissions. The case has garnered support from Amnesty International and other groups, who argue that governments have an obligation to protect human rights internationally through their climate policies.

The Applicants

The applicants in this case are Cláudia Agostinho, Martim Agostinho, Mariana Agostinho, Sofia Oliveira, André Oliveira, and Catarina Mota. These young individuals were first moved to act by the devastating wildfires that swept through parts of Portugal in 2017. They have experienced health impacts from climate change firsthand, such as increased heat extremes restricting their ability to spend time outdoors, exercise, sleep, and concentrate properly. Some of them also suffer from conditions like asthma, which are worsened by lower air quality caused by extreme heat, forest fires, and emissions from burning fossil fuels.

Cláudia Agostinho, who works as a nurse, is acutely aware of the threat that the escalation of extreme heat events poses to human health. Martim Agostinho, who studies at a science and technology school, was horrified by the destruction caused by the wildfires close to his home and believes his generation must do everything it can to ensure governments safeguard their rights and their futures. Mariana Agostinho, the youngest applicant at 11 years old, loves animals and spends time on her grandparents’ farm. She understands that urgent action is needed to prevent a catastrophic scenario of a 3°C temperature rise by 2100.

Catarina Mota, who lives in Leiria, has experienced the negative effects of climate change on the region, including heat extremes that interfere with her ability to exercise and sleep. She worries about the future of the family she hopes to have one day. Sofia Oliveira, who wants to study ‘green chemistry,’ believes that if enough people demand action, governments will have to take the necessary steps to avert the climate crisis. André Oliveira, Sofia’s brother, expresses concern about climate change and questions why those responsible for protecting him are allowing it to happen.

The Importance of Climate Justice

This case is significant not only because it highlights the immediate health impacts of climate change faced by young people but also because it underscores the urgent need for climate justice. Young people like the Portuguese applicants are leading the way and demonstrating that legal avenues can be pursued to protect the right to a clean, healthy, and sustainable environment.

Climate justice encompasses the idea that those who bear the least responsibility for climate change are often the most affected by its consequences. Marginalized communities, including children and future generations, are disproportionately impacted by climate change, despite contributing minimally to the factors driving it. By bringing this case before the ECtHR, the applicants are seeking to hold governments accountable for their failure to mitigate the climate crisis and protect human rights.

The Legal Argument

During the case, named Duarte Agostinho and Others v. Portugal and 31 Other States, the court will consider the applicants’ argument that their rights under several articles of the European Convention on Human Rights are being violated. These articles include the right to life (Article 2), the right to be free from torture, inhuman or degrading treatment (Article 3), the right to privacy and family life (Article 8), and the right to be free from discrimination on grounds of age (Article 14) in conjunction with Article 2 and/or Article 8.

A decision on this case could be made within a few months. As rulings of the ECtHR are binding to the states concerned, it could influence other climate cases before domestic courts in Europe and strengthen future climate-related legal actions brought at a national level.

Conclusion: Urgency for Immediate Action

The case brought by these young Portuguese applicants serves as a powerful testament to the urgency of the climate crisis and the need for immediate action. Climate change is not just an environmental issue but a matter of human rights. Governments have an obligation to protect their citizens, especially vulnerable populations, from the devastating impacts of climate change.

By legally compelling countries to reduce their greenhouse gas emissions, this case has the potential to set a precedent that would encourage governments around the world to take more decisive action against climate change. It is not only about mitigating the current impacts of climate change but also securing a sustainable future for younger generations.

Efforts to combat climate change require a global response, and legal avenues such as this case before the ECtHR play a crucial role in holding governments accountable. It is imperative that governments act now to prevent the escalation of the climate disaster and honor their obligations to keep global temperature rise below the critical threshold of 1.5°C compared to pre-industrial levels.

The resilience and determination demonstrated by these young activists should inspire people across the world to take action and demand that their governments prioritize climate justice. Only through collective action and a commitment to sustainable policies can we hope to mitigate the worst effects of climate change and protect the rights of present and future generations.

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