In a groundbreaking move, six young Portuguese individuals have taken 32 countries, including all member states of the European Union, to the European Court of Human Rights (ECHR) to address their insufficient action on climate change. Claudia Duarte Agostinho, along with her siblings Martim and Mariana, are among the claimants who accuse these governments of failing to meet the Paris Agreement targets of limiting global warming to 1.5 degrees Celsius. This case marks the first time such a lawsuit has been filed at the ECHR and could potentially have significant legally-binding consequences on the defendants.
The claimants, aged between 11 and 24, argue that the devastating forest fires occurring in Portugal each year since 2017 are a direct result of global warming. They claim that their fundamental human rights, such as the right to life, privacy, and freedom from discrimination, are being violated due to the governments’ reluctance to combat climate change effectively. The impacts of climate change have already taken a toll on their lives, as they face extreme temperatures that force them indoors, restrict their daily activities, and lead to various health issues including eco-anxiety, allergies, and respiratory conditions.
The young activists emphasize that they are not seeking financial compensation but rather a healthy and green world for future generations. Their concern for the future echoes the sentiment of 11-year-old Mariana, who expresses fear about the deteriorating state of their environment. The trauma caused by past wildfires still haunts Mariana, with the sound of helicopters reminding her of the firefighters battling the blazes that destroyed vast areas of forest.
Legal experts supporting the claimants argue that the defendants’ current policies would result in catastrophic global warming of 3 degrees Celsius by the end of the century. They point out that urgent action is needed to prevent irreversible harm to the health and well-being of the younger generation. However, the governments maintain that the claimants have not provided sufficient evidence linking their suffering with climate change or the wildfires in Portugal. They also contend that climate policy falls outside the jurisdiction of the European Court of Human Rights.
The outcome of this lawsuit could have far-reaching implications, as a ruling in favor of the claimants would legally compel the 32 governments involved to ramp up their climate actions, including substantial reductions in greenhouse gas emissions and a transition away from fossil fuels. Additionally, the decision would guide domestic courts seeking guidance on climate change-related cases. The ECHR’s ruling is expected within the next nine to 18 months.
This landmark case has attracted attention from various stakeholders, including the Council of Europe’s Commissioner for Human Rights, Dunja Mijatovic, who has intervened as a third party. Mijatovic sees this lawsuit as an opportunity for member states, international organizations, and society at large to demonstrate their commitment to addressing climate change and protecting human rights. The case serves as a wake-up call and underscores the need for policy changes that go beyond mere words on paper.
For Claudia and her fellow claimants, winning this case would signal hope and validation. It would show that their concerns have been heard, and governments would be compelled to take meaningful action. The ultimate goal is to secure a better future not only for themselves but for subsequent generations.
While the outcome of this lawsuit remains uncertain, it serves as a stark reminder of the urgent need for global action on climate change. The voices of these young activists resonate far beyond their immediate circumstances, demanding attention and driving change in the pursuit of a sustainable and equitable world.
