Young Climate Activists Take Governments to European Court of Human Rights Over Climate Inaction

In a historic move, six young Portuguese climate activists have filed a lawsuit against 32 governments, including all European Union member states, the United Kingdom, Norway, Russia, Switzerland, and Turkey, for insufficient action on climate change.

This lawsuit, the first of its kind at the European Court of Human Rights (ECHR) in Strasbourg, accuses the governments of violating the activists human rights by failing to adequately address climate change and reduce greenhouse gas emissions in line with the Paris Agreement’s goal of limiting global warming to 1.5 degrees Celsius.

The six claimants, aged 11 to 24, argue that the annual forest fires that have ravaged Portugal since 2017 are a direct result of global warming, impacting their fundamental human rights, including the right to life, privacy, family life, and freedom from discrimination.

They were left with a lingering question: ‘Why is Portugal so prone to wildfires’? The extreme temperatures have forced them indoors, hindering their daily lives, concentration, and exercise. Some suffer from eco-anxiety, allergies, and respiratory conditions, including asthma.

Importantly, none of the young activists are seeking financial compensation; their primary goal is a greener, healthier world. Mariana, an 11-year-old claimant, expresses her fear for the future: “I’m in this case because I’m really worried about my future. I’m afraid of what the place where we live will look like.”

Lawyers representing the claimants argue that the governments’ current climate policies are steering the world toward catastrophic warming of 3 degrees Celsius by the century’s end. This heating, if unchecked, will harm the health and well-being of young people, causing unbearable heat extremes. A 2021 Lancet study supports the claimants’ concerns, revealing that climate anxiety and dissatisfaction with government responses to climate change negatively affect children and young people’s daily lives.

In response to the lawsuit, the governments argue that the claimants have not established sufficient evidence linking their suffering to climate change or the Portuguese wildfires. They contend that there is no immediate risk to human life or health from climate change and assert that climate policy falls outside the ECHR’s jurisdiction.

In Portugal, there is no office exclusively dedicated to forest management for handling these problems.

This landmark case, which pits young activists against governments and their extensive legal teams, has the potential to set a precedent for addressing climate issues and human rights. The Council of Europe’s Commissioner for Human Rights, Dunja Mijatovic, who has intervened in the case, emphasizes that it serves as an alarm to states and international organizations, urging them to transform policies and take meaningful action against climate change.

If the ECHR rules in favor of the claimants, it will legally compel the 32 governments to intensify climate actions by reducing greenhouse gas emissions and phasing out fossil fuels. Additionally, it will provide guidance to domestic courts grappling with climate change-related cases. A verdict is expected within nine to 18 months.

For Claudia, one of the claimants, the case represents hope for a better future. She reflects on the possibility of having children and says, “Winning this case would mean there would finally be hope. It would mean that people are really listening to us and that they are as worried as we are, and that the governments would really have to take measures to do something about it.” This historic lawsuit demonstrates the power of youth activism and its potential to drive global change in the fight against climate change.