A High-profile High-Energy Court ruled on Climate Change and Its Belgian High-Fidelity Jury

STRASBOURG, France — Europe’s highest human rights court ruled Tuesday that its member nations have an obligation to protect their citizens from the ill effects of climate change, but still threw out a high-profile case brought by six Portuguese youngsters aimed at forcing countries to reduce greenhouse gas emissions. The European Court of Human Rights ruled in favor of the Swiss members of Senior Women for Climate Protection and against the French mayor who had asked for stronger government efforts to combat climate change. The Strasbourg court had been requested by lawyers to find that national governments have a duty to make sure that global warming is kept to 1.5 degrees Celsius above pre-industrial levels, in line with the goals of the Paris climate agreement. “I really hoped that we would win against all the countries, so obviously I’m disappointed that this didn’t happen,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “But the most important thing is that the Court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights. The court found that the Convention of Human Rights was fundamental, and that the victory for them was a win for everyone. 8 of the Convention encompasses a right for individuals to effective protection by the state authorities from the serious adverse effects of climate change on their lives, health, well-being and quality of life. “Judgments from the European Court of Human Rights set a legal precedent against which future lawsuits would be judged in the Council of Europe’s 46 member states. Although activists have had successes with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change. Corina Heri, an expert in climate change litigation, said that this is a turning point. She said Tuesday’s decision confirms for the first time that countries have an obligation to protect people from the effects of climate change and will open the door to more legal challenges.

STRASBOURG, France — Europe’s highest human rights court began its session Tuesday on a group of landmark climate change cases aimed at forcing countries to meet international obligations to reduce greenhouse gas emissions.

If a decision against the countries were made, they could reduce their net emissions to zero by the year 2030. The EU, which doesn’t include Switzerland, currently has a target to be climate-neutral by 2050. Many governments have said that meeting a 2030 goal would be economically unattainable.

Is climate change action a human right? A European court will rule for the first time, a petition of the Brazilian 24-year-old activist who brought the case

Ahead of the ruling, a crowd gathered in front of the building to cheer and wave flags, including climate activist who was released from jail on Saturday after being arrested during a protest.

We are nervous. Nervous and excited,” said Cláudia Agostinho, a 24-year-old who is one of the six Portuguese who brought the case to the Strasbourg court.

Groups are confident that the 17 judges will rule in their favor, but a decision to the other side could undermine a ruling in the Netherlands. The Dutch Supreme Court ordered the government to cut emissions 25% by the end of 2020 from 1990 levels.

“The extreme heat waves, the rainfalls, followed by heat waves, it is just choking us with greenhouse effects. They began happening more and more and that is a concern to me. That’s what scared me the most. And, I asked myself what I could do. She said that’s correct.

Source: Is climate change action a human right? A European court will rule for the first time

Young people are suing against the European Court of Human Rights for climate protection: The Portugal case, the Netherlands case, and precedent for future court actions

The failed to stop emissions violated the fundamental rights of five more young people, and they took Portugal and 32 other nations to court.

At the other end of the age spectrum, a group of Swiss retirees are also demanding their government do more. Senior Women for Climate Protection, whose average age is 74, say older women’s rights are especially infringed on because they are most affected by the extreme heat that will become more frequent due to global warming.

Earth set annual heat records and showed signs of a planet that was feverish in the last five years, according to a European climate agency.

In all three cases, lawyers argued that the political and civil protections guaranteed by the European Convention on Human Rights are meaningless if the planet is uninhabitable.

“Switzerland, like other countries, is also affected by global warming,” said the country’s representative at the hearings. “This problem cannot be solved by Switzerland alone.”

Acknowledging the urgency of the climate crisis, the court fast-tracked all three cases, including a rare move allowing the Portuguese case to bypass domestic legal proceedings.

Judgments from the European Court of Human Rights aren’t legally binding against all 46 of its member states, but they set a legal precedent against which future lawsuits would be judged.