In the upcoming weeks, six Portuguese youths are poised to bring 32 nations before the European Court of Human Rights in pursuit of climate justice. This marks the latest endeavour to address climate change through legal channels.
The catalyst for this action was the devastating wildfires that ravaged Portugal in 2017, resulting in over 100 fatalities and widespread destruction.
Ranging in age from 11 to 24, these young individuals contend that they are grappling with anxiety concerning their health and the ramifications of living in an increasingly hot climate with a growing prevalence of natural disasters.
Some of them report suffering from allergies and respiratory problems during and after the wildfires. These health conditions are at risk of persisting if global warming continues.
Highlighting the potential significance of the case in terms of compelling countries to take action, the Grand Chamber of the Strasbourg-based court will review the arguments on September 27, a step typically reserved for exceptional cases.
The youths argue that excessive carbon emissions violate their right to life and their right to respect for private and family life, among other rights.
Gearoid O Cuinn, director of the Global Legal Action Network (GLAN), which is supporting the youths' case, described it as a "David and Goliath case." He emphasized that never before have so many countries had to defend themselves in front of any court in the world.
In response to the urgency of climate change, activists are increasingly turning to legal avenues to compel governments to take more significant measures, as the world falls short of the 2015 Paris Agreement targets for limiting global warming to 1.5 degrees Celsius above pre-industrial levels.
In August, a court in Montana, USA, ruled in favour of a group of youths who accused the state of violating their right to a clean environment.
A ruling by the ECHR in favour of the Portuguese plaintiffs, expected in several months, would have binding effects on the 46 member states of the Council of Europe and could establish legal precedent for climate-related cases.
According to Gerry Liston, a GLAN lawyer assisting the youths, such a ruling would necessitate that nations "rapidly accelerate their climate mitigation efforts," representing a significant development in legal terms.
However, before issuing a ruling on the merits of the case, the court will assess its admissibility since the Portuguese youths filed their case directly with the ECHR without first seeking remedies in domestic courts.
They argue that pursuing separate cases in all 32 countries would impose an "excessive and disproportionate burden" in addressing an urgent matter.
An ECHR source confirmed that this case is unique due to the number of nations involved in a single complaint.
The court has not previously ruled on member obligations regarding climate change.
The youths assert that governments are contributing to rising temperatures through carbon emissions that are leading to heatwaves and wildfires, particularly in their country.
Catarina dos Santos Mota, one of the young Portuguese plaintiffs, stated, "Governments worldwide have the ability to halt this, and European governments are choosing not to."
In March, the ECHR examined two other climate-related cases involving France and Switzerland, but no rulings have been issued to date.
According to the UN Environment Programme, the number of legal cases worldwide associated with climate challenges doubled between 2017 and 2022.
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