European Court of Human Rights to Hear Unprecedented Lawsuit on Climate Crisis
Wednesday will mark a historic moment as the European Court of Human Rights begins hearings for an unprecedented lawsuit filed by six young people from Portugal against 32 European countries. The claimants, ranging in age from 11 to 24, are accusing these countries of failing to adequately address the human-caused climate crisis. They argue that they are on the frontlines of climate change and will ask the court to compel countries to rapidly accelerate their climate action. This case is the first of its kind to be filed with the European Court of Human Rights and serves as one of the largest of the three climate lawsuits currently being heard by the court.
The potential impact of this case is immense. A favorable ruling would not only force countries to increase their climate ambitions but would also provide significant support for other climate lawsuits worldwide, particularly those arguing that countries have human rights obligations to protect people from the climate crisis. Conversely, a ruling against the claimants could be detrimental to other climate claims.
“This is truly a David and Goliath case, that’s unprecedented in its scale (and) its potential impacts,” said Gearóid Ó Cuinn, the director of Global Legal Action Network (GLAN), which has supported the claimants’ case. “Never before have so many states had to defend themselves in front of anywhere in the world,” he added.
The journey to this hearing began six years ago when devastating wildfires burned 500,000 hectares of Portugal, claiming the lives of over 100 people. This disaster led one of the claimants, Catarina Mota, to discuss the issue with her friend Cláudia Duarte Agostinho. With the assistance of GLAN, they gathered four more claimants who were also affected by the fires. The group argues that climate change continues to affect their lives, particularly through frequent heatwaves in Portugal. These extreme weather events make it difficult for them to go outside, concentrate on schoolwork, sleep, and even breathe, taking a toll on their mental health.
The lawsuit, filed in 2020 and heavily reliant on crowdfunding, was fast-tracked by the European Court of Human Rights due to the urgency and the large number of defendants involved. During the hearing, the claimants will argue that the failure to tackle the accelerating climate crisis is a breach of their human rights, including the right to life, family life, freedom from inhuman treatment, and freedom from discrimination based on age. They are demanding that countries responsible for fueling the climate crisis not only drastically reduce their planet-heating pollution but also compel companies headquartered within their borders to reduce emissions across their entire supply chains.
The countries being sued have responded by claiming that none of the claimants has demonstrated that they have experienced serious harm as a result of climate change. Greece, a country that recently faced a deadly summer of heat, fire, and storms, stated in its response that “the effects of climate change as recorded so far do not seem to directly affect human life or human health.”
The outcome of the lawsuit could take several paths. The court could dismiss the claim on procedural grounds or conclude that it lacks jurisdiction to hear the case. If the procedural hurdles are cleared, the court could rule that states do not have human rights obligations regarding climate change, which would negatively impact similar cases. Alternatively, the court could rule in favor of the claimants, leading to a legally binding decision that compels all 32 countries involved to accelerate their climate action. This ruling would have wide-ranging implications and potentially inspire more climate cases worldwide.
Climate litigation is gaining popularity as extreme weather events worsen and nations fail to take adequate action in cutting pollution. With over 2,400 climate lawsuits globally and more being added every week, legal action has become an important tool in the fight against climate change. However, it is only one piece of the puzzle, and continued advocacy and international climate conferences, such as the upcoming United Nations COP28 summit in Dubai, are also vital.
For the Portuguese claimants, this hearing marks a crucial moment as they await the court’s judgment. Regardless of the outcome, they believe that the lawsuit has succeeded in drawing attention to the urgent need for action. Catarina Mota stated, “Even if we don’t win, at least we have made people sit up and pay attention. We long for a positive outcome.”