Six children and young people want to force the governments of Germany and 31 other countries in Europe to do much more to protect the environment in the future. The climate lawsuit filed by the young Portuguese three years ago will be heard this Wednesday in Strasbourg before the European Court of Human Rights (ECtHR). Human rights organization Amnesty International spoke of a “groundbreaking” initiative by young people between the ages of eleven and 24.
In addition to the age of the plaintiffs, the size of the trial and the number of accused countries are also unusual. A Portuguese spokeswoman said more than 80 lawyers would be present in court on behalf of the reprimanded governments. The plaintiffs would be represented by just six attorneys. “This really is a case of David versus Goliath,” said a few days before the hearing Gearóid Ó Cuinn, director of the non-governmental organization Global Legal Action Network (GLAN), which is supporting and advising the Portuguese on the initiative. “There are no precedents, neither in scale nor in consequences.”
Possible ‘game changer’
The challenge is enormous, but the reward that beckons is very tempting: if the prosecutors are right, the ECHR could order the governments of the EU Member States and the co-defendant states of Norway, Russia, Turkey, Switzerland and Great Britain to reduce their emissions reduce greenhouse gases and adopt and adhere to stricter climate targets. GLAN lawyer Gerry Liston speaks of a possible ‘game changer’. Originally, 33 countries were indicted. The ECHR continues to mention this number. But the young people decided to leave out Ukraine because of the Russian war of aggression.
A ruling is not expected until next year. One of the prosecutors, Martim Duarte Agostinho, says there is no time to lose. “Without urgent action to reduce emissions, my hometown will soon become an unbearable furnace,” the 20-year-old from Leiria in central Portugal said before the hearing. As an eight-year-old at the start of the initiative in 2020, Martim’s sister Mariana told the German news agency that the adults’ passivity made her angry and sad at the same time. “I am very afraid of having to live on a sick planet.”
Since Mariana’s statements there have been few improvements, but there have been some bad news. According to data from the EU climate change agency Copernicus, July 2023 was the warmest month on record. Martim said: “Our message to the judges will be simple: ensure that governments do everything necessary so that we have a future worth living.”
Mandi Mudarikwa, Amnesty International’s head of strategic litigation, said the young claimants, like so many other people around the world, are “already feeling first-hand the health impacts of climate change.” Increasing heat extremes limited their ability to spend time outdoors, exercise, sleep and concentrate properly.
The reason was forest fires
The reason for the lawsuit filed by Mariana and Martin, their sisters Claudia (24) and Catarina Mota (23) and the siblings Sofia (18) and André Oliveira (15) was the devastating fires of 2017 in their home country, in killing more than 100 people and destroying large areas of forest. “Then the penny dropped for me […] I realized how urgently we need to take action to stop climate change,” Claudia told DPA some time ago.
It is difficult to predict what the chances are for the claimants, because environmental law issues have not yet played a major role at the ECtHR. In principle, the European Convention on Human Rights does not grant a right to a clean environment. So far, the lawsuits are mainly based on the fact that environmental pollution endangers other human rights, such as the right to life. For example, it often concerned people who suffered from noise pollution or air pollution. However, the consequences of climate change in general have hardly been addressed so far.
More and more lawsuits for climate protection
This could now change. Because the Portuguese are not the only ones demanding more climate protection in court. This year, the case of the so-called Climate Seniors, an association of Swiss pensioners supported by Greenpeace, will also be heard at the ECtHR. A French mayor is also currently suing for compliance with the Paris climate goals.
Climate protection lawsuits are trendy. According to the Grantham Institute at the London School of Economics, more than 2,000 have been collected worldwide to date, with a quarter of them between 2020 and 2022. Several exciting developments could happen soon: the South Pacific island nation of Vanuatu is moving into the International Criminal Court. Lawsuits have also been filed in the US, Brazil and Sweden over a lack of climate protection. (rbu/sda/dpa)
Soource :Watson
I am Amelia James, a passionate journalist with a deep-rooted interest in current affairs. I have more than five years of experience in the media industry, working both as an author and editor for 24 Instant News. My main focus lies in international news, particularly regional conflicts and political issues around the world.
