Title: Portuguese Students Take Historic Climate Change Case Against 32 European Governments to the European Court of Human Rights
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In a trailblazing move, a group of six Portuguese young adults and children, led by Sofia Oliveira, are set to take legal action against 32 European governments for their insufficient response to the climate crisis. The case is scheduled to begin on Wednesday at the European Court of Human Rights in Strasbourg, marking the first climate change case filed with the court.
Sofia Oliveira, now a university student, was only 12 years old when catastrophic wildfires swept through central Portugal in 2017, claiming the lives of over 100 people. Motivated by the devastating impact of human-caused climate change, Sofia and her peers feel compelled to hold governments accountable for neglecting their duty to address the climate crisis adequately.
If successful, this landmark case could compel nations to undertake substantial efforts to reduce emissions and develop cleaner infrastructure. Rulings from the European Court of Human Rights are legally binding on member countries, and non-compliance can result in hefty fines imposed by the court.
Increasingly, activists are turning to the courts as a means of bypassing politics and holding governments accountable for their climate policies. In the United States, young environmental activists recently won a case in Montana, where a judge ruled that allowing fossil fuel development was a violation of their constitutional right to a clean and healthful environment.
The Portuguese plaintiffs argue that climate change policies implemented by European governments violate their human rights. The impacts they list include the inability to sleep, concentrate, play outside, or exercise during heatwaves. With the assistance of the Global Legal Action Network, an international nonprofit organization combating human rights violations, the group has garnered support through a crowdfunding campaign from individuals worldwide.
Europe, like the rest of the world, is falling short of its commitments outlined in the 2015 Paris climate accord to curb global warming. The hottest Northern Hemisphere summer ever recorded, along with rising temperatures and declining rainfall, indicates the urgency of stronger climate measures. Scientists warn that global temperatures could rise by 2 to 4 degrees Celsius by 2100 if emissions reduction plans are not effectively implemented.
The Portuguese activists are not seeking financial compensation but are demanding significant action from governments. Although the court’s decision may take up to 18 months, the activists draw hope from a precedent set in the Netherlands. In a similar case brought by the Urgenda Foundation, the Dutch Supreme Court ruled in favor of citizens, finding their government’s emissions reduction target unlawfully low and ordering additional reductions.
By turning to the courts, young climate activists hope to force governments to adopt more ambitious climate measures and prioritize the fight against climate change. The outcome of this historic case will serve as a litmus test for the power of legal action in addressing the global climate crisis.