European Court Hears Landmark Climate Case Against 32 Nations
A groundbreaking climate case has been brought before the European Court of Human Rights, with 32 nations being accused of failing to address the issue adequately. The legal teams representing these nations, including EU member countries, the United Kingdom, Switzerland, Norway, Russia, and Turkey, have questioned the admissibility of the case and the claim that the plaintiffs are victims of climate change harm. However, lawyers representing the group from Portugal argue that the defendants have not sufficiently addressed human-caused global warming, thereby violating the group’s fundamental rights. They emphasize the urgent need for further action to meet climate targets set for the end of the decade.
During the hearing, Alison Macdonald, speaking on behalf of the young people involved in the case, emphasized the impact of the failure of states to tackle the climate emergency on the younger generation. She stated, Today’s case is about the young. It is about the price that they are paying for the failure of states to tackle the climate emergency.
The legal teams for the defendants argued that the plaintiffs should have first gone through national courts before approaching the European Court of Human Rights. They also questioned the jurisdiction of the court since the plaintiffs are not nationals of the countries they are suing, except for Portugal.
The plaintiffs expressed dismay over the defendants’ arguments, with one of them stating, It’s very sad what we’ve just heard. The governments have just said that what is happening all around us is not important. They are minimizing the impact that climate change has on our human race.
The outcome of this case could have far-reaching implications. If the ruling is favorable to the plaintiffs, it could compel governments to accelerate their efforts to combat climate change. The rulings of the European Court of Human Rights are legally binding on member countries, and non-compliance can result in hefty fines. Additionally, a favorable ruling could provide guidance for domestic climate cases in the future.
The activists argue that their right to life, privacy, and family life, as well as freedom from discrimination, are being violated due to the impacts of climate change. They hope to prove that governments have a legal obligation to limit global warming to 1.5 degrees Celsius, in line with the goals of the Paris Agreement.
While successful climate cases have been won at national and regional levels, the plaintiffs believe that national jurisdictions have not gone far enough to protect their rights, necessitating their action at the European Court of Human Rights.
The defendants, however, argue that they are taking significant measures to address climate change. The European Commission, intervening in the case as a third party, defended the EU’s climate actions, stating that the EU is surpassing the obligations set out in the Paris Agreement.
This landmark case marks the first climate-related case to be brought before the European Court of Human Rights. Two other climate cases, involving Switzerland and France, have also been filed. The outcomes of these cases could shape future climate litigation and influence global efforts to combat climate change.
The young plaintiffs, aged between 11 and 24, have highlighted the impact of climate change on their daily lives and well-being. They initiated legal action following a series of deadly wildfires in Portugal in 2017, which directly affected their lives.
The judge requested further details about how the plaintiffs’ quality of life has been impacted by climate change. Issues such as fatigue, difficulty in sleeping, cognitive abilities, and the ability to enjoy time outside their homes were mentioned as evidence of climate change’s effects on the plaintiffs.
As the hearing progresses, the world watches with anticipation, aware of the significant implications this case could have for future climate action and the protection of citizens’ rights in relation to climate change.
