Six Portuguese youth sued 32 countries this month for not doing enough to stop global warming. He is taking the case to the European Court of Human Rights. This is a new attempt to protect the climate through the court. The move was taken in the wake of the massive wildfires that broke out in Portugal in 2017, killing more than 100 people and incinerating much of the country.
The youth say that they are very worried about their health. They are having to live with more natural disasters and a climate that is becoming increasingly warmer. Some people claim that allergies and breathing problems occur during and after the fires, a condition that risks worsening if the planet continues to warm.
Hearing will be held on 27th September
The Grand Chamber of the Strasbourg-based court will examine the arguments on September 27 in a bid to force countries to take action, which is reserved for exceptional cases. Youth argue that excessive carbon emissions in particular violate the right to life and the right to respect for private and family life. Gearoid O'Quinn, director of the Global Legal Action Network (GLAN), which is supporting the youth's case, said it was truly a case of David and Goliath. He said that never before anywhere in the world had so many countries had to defend themselves before any court.
Activists are increasingly turning to the courts to force governments to do more to tackle climate change, amid warnings that the world will fall short of the 2015 Paris Agreement to limit warming to 1.5 degrees Celsius above mid-19th century levels. Is falling short of its goals.
Violation of the rights to a clean environment
In August, a court in the US state of Montana ruled in favor of a group of youth who alleged that their rights to a clean environment were violated. The ECHR's decision in favor of the plaintiffs is expected within several months, which will be binding on the 46 member states of the Council of Europe and potentially constitute legal jurisprudence on climate cases. Gerry Liston, a GLAN lawyer who supports youth, said nations must rapidly accelerate climate mitigation efforts.
The court will decide on the admissibility of the case
From a legal point of view, this will be a game changer. But first, the court will rule on the admissibility of the case, since the Portuguese youth had previously applied directly to the ECHR without resorting to domestic courts. They argue that trying to register individual cases in all 32 countries would be an excessive and disproportionate burden on an issue requiring immediate attention.
Temperature rising with carbon emissions
An ECHR source confirmed that this was a unique case in terms of the number of countries targeted by a single complaint. The Court has not previously ruled on member obligations in relation to climate change. Young people say governments are contributing to hotter temperatures with carbon emissions that are fueling heat waves and wildfires, especially in their country.
Legal cases related to climate challenges increased
Catarina dos Santos Mota, one of the young Portuguese, said that governments around the world have the power to stop it, and governments in Europe are choosing not to stop it. Two other climate cases involving France and Switzerland were examined by the ECHR in March, although no ruling has yet been issued. According to the United Nations Environment Programme, the number of legal cases related to climate challenges is set to double around the world between 2017 and 2022.
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