September 27, 2023
STRASBOURG, FRANCE — In a landmark climate lawsuit, the European Court of Human Rights heard today six youth plaintiffs from Portugal who argue that government inaction in 33 countries discriminates against young people and poses a risk to their lives and health.
The first hearing of the historic lawsuit Duarte Agostinho v. Portugal and 32 Others took place at one of the world’s most influential courts.
The plaintiffs want governments to set and meet science-based targets for cutting carbon emissions in 33 countries: all EU member states, Norway, Switzerland, Russia, Turkey, and the United Kingdom.
The fact that the European Court of Human Rights elevated this case to its Grand Chamber demonstrates how seriously the Court takes allegations that the inadequate climate policies of these 33 States breach their legal obligation to prevent climate-related harm.
Together with partner organizations, CIEL submitted an amicus brief to the Court in support of the case, discussing states’ international legal obligations to keep warming below 1.5°C and the measures science shows are required to do so.
The Duarte Agostinho case is a pivotal opportunity for the Court to clarify what human rights law requires states to do to protect present and future generations from the climate crisis, and forces governments to confront the glaring gap between their climate policies and what science says is needed to avert climate catastrophe.
The Court decision, expected in spring 2024 at the earliest, has the potential to influence the rising tide of climate litigation cases around the world.
The European Court of Human Rights will decide three climate-related cases in the coming months: KlimaSeniorinnen v. Switzerland, Carême v. France, and Duarte Agostinho v. Portugal and 32 Others.
Sébastien Duyck, Senior Attorney at the Center for International Environmental Law (CIEL) released the following statement:
“This case is truly historic as it compels 33 governments to respond, before the European Court of Human Rights, to the harms suffered by young people as a result of inadequate climate action. These governments are forced to lay out a legal defense justifying the gap between their climate policies and what science says is needed to avoid climate breakdown. In the broader context of global litigation, this case wields remarkable influence, given that the European Court of Human Rights holds a prominent role in setting legal precedents within Europe and beyond.”
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