Portugal’s Gen-Z Sues 32 Governments in Largest Climate Trial to Be Heard by Europe’s Top Human Rights Court | Earth.Org

The EU and Other Governments Accused of Breaching Human Rights by Failing to Address Climate Change

Introduction

Six young Portuguese climate activists aged 11-24 have taken legal action against the EU’s 27 member states, along with Norway, Turkey, the UK, Switzerland, and Russia. They have accused these governments of breaching fundamental human rights by failing to adequately address anthropogenic climate change.

The Largest Climate Case at the European Court of Human Rights

The case, which was filed in 2020, is the largest climate case to be brought before the European Court of Human Rights (ECHR). If successful, it could result in legally binding consequences and groundbreaking reforms for the governments involved. These governments are accused of neglecting climate change and failing to reduce greenhouse gas emissions as required by the Paris Agreement, which aims to limit global warming to 1.5C.

Violation of Human Rights

The plaintiffs argue that the extreme heat and forest fires that have affected Portugal since 2017 are directly linked to climate change. They claim that the governments’ negligence in acting to reduce emissions is a clear violation of their right to life, privacy, family life, and freedom from discrimination under the European Convention of Human Rights.

Impacts on Young Activists

The rising temperatures in Portugal have had direct impacts on the young activists. They have experienced a lack of sleep and concentration, climate anxiety, allergies, respiratory conditions, and have often been unable to attend school due to extreme temperatures.

Climate Anxiety

Climate anxiety, also known as eco-anxiety, refers to distress and mental health issues directly linked to climate change. It is particularly prevalent among young people who are increasingly aware of and concerned about environmental degradation. A 2021 study in The Lancet found that climate anxiety is widespread among children and young people, who are dissatisfied with their governments’ inadequate response to climate change.

Urgent Action Needed

The case has begun at the European Court of Human Rights, and the plaintiffs are calling for urgent action by the governments. They argue that without action, they will continue to face unbearable heat extremes that harm their health and well-being.

Support from Legal NGOs

The Center for International Environmental Law, a US-based legal NGO, highlights the disconnect between governments’ commitments to decarbonization and their lack of policy to achieve it. The Global Legal Action Network (GLAN), which is supporting the applicants, emphasizes that the governments have the power to do more to address climate change but are choosing not to act.

Importance of the Case

Dunja Mijatović, the Council of Europe’s Commissioner for Human Rights, describes the case as crucially important for the future of children, future generations, and the planet.

Precedent from a Climate Trial in Montana

This case follows a recent groundbreaking climate trial in Montana, where 16 young residents accused state officials of violating their constitutional right to a healthy environment. Their victory set an important precedent, demonstrating that young people can hold their governments accountable through legal action.

Expected Ruling

A ruling in the Strasbourg case is expected in the first half of 2024.

Featured image: Fred Murphy.

You might also like: How the Landmark Montana Climate Trial Paved The Way For Young Climate Activists

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 13: Climate Action
• SDG 3: Good Health and Well-being
• SDG 4: Quality Education
• SDG 10: Reduced Inequalities

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.
• SDG 13.2: Integrate climate change measures into national policies, strategies, and planning.
• SDG 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination.
• SDG 4.7: By 2030, ensure that all learners acquire the knowledge and skills needed to promote sustainable development.
• SDG 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for SDG 13.1: Number of countries with national and local disaster risk reduction strategies.
• Indicator for SDG 13.2: Number of countries that have communicated the strengthening of institutional, systemic, and individual capacity-building to implement adaptation, mitigation, and technology transfer.
• Indicator for SDG 3.9: Mortality rate attributed to household and ambient air pollution.
• Indicator for SDG 4.7: Proportion of schools with access to electricity, internet, computers, and basic sanitation.
• Indicator for SDG 10.2: Proportion of people living below 50 percent of median income, disaggregated by age, sex, disability, and other characteristics.

SDGs, Targets and Indicators

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Source: earth.org

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