Six young adults and children have brought their case to the European Court of Human Rights, alleging that European governments are failing to adequately protect people from the effects of climate change. Legal representatives for the plaintiffs, hailing from 32 nations including EU member states, the United Kingdom, Switzerland, Norway, Russia, and Turkey, challenged the admissibility of the case and argued that the plaintiffs are victims of climate change harm.
Lawyers representing the group from Portugal argued that the defendant nations have not sufficiently addressed human-induced climate warming, thereby violating the fundamental rights of the young activists. They emphasized the urgency of taking rapid and comprehensive action to meet climate targets set for the end of the decade.
Alison Macdonald, speaking on behalf of the young plaintiffs, 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. It is about the harm that they will suffer during their lifetimes unless states step up to their responsibilities.”
Barrister Sudhanshu Swaroop, representing the United Kingdom, contended that national governments recognize the climate change threat and are committed to addressing it through international cooperation. He argued that the plaintiffs should have pursued their case in national courts first and pointed out that, as non-nationals of the countries they are suing (except for Portugal), the European Court of Human Rights lacks jurisdiction.
Following the hearing, some of the young activists expressed disappointment with the arguments presented by the defendant nations. Claudia Duarte Agostinho remarked, “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.” Fifteen-year-old André Oliveira remained hopeful that the court would understand the urgency of the situation and rule in favor of their case.
Alison Macdonald urged the judges to address what she described as the “biggest crisis that Europe and the world” have faced and emphasized the role of countries in curbing planet-warming emissions. She stated, “It cannot be within a state’s discretion whether or not to act to prevent catastrophic climate destruction.”
While successful climate cases have occurred at national and regional levels, the young activists argue that these actions have not gone far enough to protect their rights, compelling them to bring their case to the European Court of Human Rights. They contend that their rights to life, privacy, family life, and freedom from discrimination are being violated.
The court’s rulings are legally binding on member countries, and non-compliance can result in significant fines. A favorable ruling would provide guidance to national courts in future climate cases.
The plaintiffs, aged between 11 and 24, are not seeking financial compensation but aim to demonstrate that they have been sufficiently affected to be considered victims. They also seek to establish that governments have a legal duty to limit global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit) since pre-industrial times, in alignment with the Paris climate agreement’s goals.
Lawyer Gerry Liston stated, “We have put forward evidence before the court that all of the respondents’ state climate policies are aligned to 3 degrees (Celsius) of warming within the lifetime of the applicants, or in the case of some states, worse than that.”
The European Commission, speaking on behalf of the EU, asserted that the bloc’s climate action goes beyond the obligations of the Paris agreement, highlighting ambitious targets for greenhouse gas emission reductions.
While a decision is not expected for several months, this case represents a pivotal moment in climate litigation and could have far-reaching implications for future climate-related legal actions. Two other climate cases have been brought before the European Court of Human Rights since, involving Switzerland and France.
Supporters of the young activists, including members of a Swiss association, gathered in Strasbourg to express solidarity. Anne Mahrer, co-president of the Swiss group, conveyed her hopes for a positive outcome, saying, “I wish them a future because they are very young. We probably won’t be there to see it, but if we win, everybody wins.”