Six young Portuguese people sue 32 countries for climate inaction before the European Court of Human Rights: “We are fighting for our lives”

2023-09-27 09:50:47

Updated Wednesday, September 27, 2023 – 09:50

They present a lawsuit this Wednesday in which they allege that countries are failing to comply with their human rights obligations by not doing enough to protect them from climate change. The rulings of this court are binding on the States involved, so its decision could influence other cases.

From left to right, activists Andr Oliveira, Sofia Oliveira, Catarina Mota, Cludia Agostinho and Martim AgostinhoGLAN

The mobilizations in the streets to demand that the rulers take measures to alleviate the effects of climate change are giving way to actions in the courts to force them to take them. In line with other processes undertaken in the world, six young people from Portugal are going to present this Wednesday before the European Court of Human Rights (ECtHR) a lawsuit against 32 countries in which they allege that the countries are failing to comply with their obligations regarding human rights. humans by not doing enough to protect them from climate change. “We were afraid, but we don’t regret it because we know we are fighting for our lives.”Cludia Agostinho (24 years old), one of the six young women who presented the document today, told Efe.

Also participating in the lawsuit are Martim Agostinho (20) and Mariana Agostinho (11), Sofia Oliveira (18) and André Oliveira (15) and Catarina Mota (23). The six have decided to bring the 27 member states of the European Union (EU), in addition to the United Kingdom, Switzerland, Norway, Russia and Turkey, to the ECHR, after the devastating fires that Portugal suffered in 2017. Four of them live in the Leiria district, about 140 kilometers north of Lisbon, which was one of the areas affected by the wave of fires that left a hundred dead in different parts of Portugal. The tragedy, they explain, was what prompted them to take those countries to court for not doing enough to protect them from the climate crisis.

If their lawsuit is successful, these 32 countries could be legally obliged to reduce their greenhouse gas emissions, as detailed by Amnesty International, one of the groups that signed a brief presented to the court, arguing that governments have the obligation to protect human rights internationally through its climate policies.

“As in so many other places, young people are leading the way and demonstrating that there are legal ways to achieve climate justice. Although this case is very important, it is only one of several that are underway to guarantee the protection of the right of all people to a clean, healthy and sustainable environment,” Mandi Mudarikwa, director of Strategic Litigation at Amnesty, said in a statement. International.

The demand comes on the heels of an extreme summer that saw intense heat waves, devastating wildfires and destructive torrential rains that climate scientists have linked to climate change. A week ago, the UN held a mini-climate summit in New York in preparation for the Climate Summit that the United Arab Emirates will host from November 30 to December 12, the event in which the countries negotiate their plans to cut CO2 emissions. , and aid funds for countries to adapt and alleviate the effects of climate change. And the effects of climate change, these young people argue, are already being felt in all parts of the world and it is essential to take effective measures.

Mandi Mudarika subraya que “This generation, and their sons and daughters, will suffer the worst consequences of the impending climate catastrophe. EIt is essential that States act now to stop this growing catastrophe and fulfill their obligation to keep the increase in global average temperature below 1.5 C compared to pre-industrial levels. “This requires the progressive abandonment of fossil fuels.”

Violation of rights

In the case, Duarte Agostinho and Others v. Portugal and 31 Other States, the Human Rights Court will examine the claimants’ argument that their rights are being violated under the following articles of the European Convention on Human Rights: Right to life (Article 2), Right to not suffer torture or other cruel, inhuman or degrading treatment or punishment (article 3), Right to private and family life (article 8) and Right not to suffer discrimination on grounds of age (article 14 interpreted in conjunction with article 2 and/or article 8), as detailed by Amnesty International, which believes that the Court’s decision could be announced in a few months.

The rulings of the European Court of Human Rights are binding on the States involved, so its decision could influence other cases before national courts in Europe and reinforce future climate lawsuits filed at the national level.

The initiative of young Portuguese is supported by the Global Legal Action Network (GLAN), which has launched an international crowdfund initiative to obtain financing for their cause.

At the moment There are two other climate cases pending resolution before the European Court of Human Rights. One was presented by the Association of Older Women for Climate Protection (Verein KlimaSeniorinnen Schweiz) and four of its members individually against Switzerland, and the other by Damien Carme, a French parliamentarian for the Green party, and in it they alleged that the climate policies of Switzerland and France do not protect their human rights.

In Spain, there was expectation this spring over the legal process initiated by the organizations Greenpeace, Ecologists in Action, Oxfam Intermón, the NGO Coordinator for Development and Fridays For Future against the Government of our country, for climate inaction, specifically, for Integrated National Energy and Climate Plan 2021-2030 (PNIEC), approved in 2021 by the Council of Ministers, but the Contentious-Administrative Chamber of the Supreme Court dismissed the appeal at the end of July.