Young Portuguese people sue 32 countries over climate crisis – 09/25/2023 – Environment

On one side, six young Portuguese people, aged 11 to 24, who report suffering from the effects of global warming. On the other, the governments of some of the richest and most powerful countries in the world: all members of the European Union, as well as Russia, Norway, Switzerland, the United Kingdom, Turkey and Ukraine.

Next Wednesday (27), the European Court of Human Rights, one of the highest legal bodies on the continent, begins to judge an unprecedented action that could determine that the 32 countries that make up the court make effective changes to reduce their emissions of greenhouse gases.

“It’s a battle between David and Goliath”, summarizes, in reference to the biblical story that pits a giant against a human being, lawyer Gearóid Ó Cuinn, director of the British NGO Glan (Global Legal Action Network), which provides legal support to young people.

“This is an unprecedented case. Both in its scale and its consequences. It is the first climate change case presented to the court, which is a body that can make legally binding decisions [contra os países processados]”, explained the specialist to Sheet. “It also goes down in the history of Justice, because never before have so many countries been forced to defend themselves simultaneously in a court of law.”

Presented in 2020, the Portuguese young people’s case was initially received with skepticism by many jurists on the continent, who doubted the viability of the cause. Environmentalists and activists, in turn, quickly got involved in the project, which is entirely funded through online crowdfunding.

Given the arguments presented by the group, the European Court of Human Rights agreed to analyze the young people’s complaint, also opting to grant priority status, which speeds up the processing.

“Since we started [com o processo], we feel the impact of the climate crisis getting worse. In 2023, July was the hottest month on record. It’s scary to think that this is just the beginning”, said Catarina dos Santos Mota, 23, one of the authors of the action, in conversation with journalists.

Born in Leiria, one of the regions most affected by the major forest fires in Portugal, the young woman says she progressively feels that her home is becoming “a more hostile place”.

The idea of ​​coming together to demand legal action from governments was born precisely after young people personally experienced the harmful effects of heat waves and large fires in forests close to home.

Portugal, like other countries in southern Europe, annually faces large fires during the hottest periods of the year. In 2017, the flames killed more than a hundred people and destroyed large areas of vegetation and many properties.

In addition to citing health problems related to fire, young people list a long list of harmful effects that they already face due to global warming, ranging from difficulties in enjoying outdoor spaces to anxiety caused by the climate crisis.

“It’s not just our physical health that is being affected. The climate crisis also affects our mental health, because it makes us worried about our future. How can we not be afraid?”, asked André dos Santos Oliveira, 15, who also integrates the action.

Next week, at the headquarters of the European Court of Human Rights, in Strasbourg, France, the group and its legal representatives will present their arguments to 17 judges of the court.

The legal teams of the 32 sued nations will also present the defense and arguments against the young people’s allegations. Afterwards, the court will analyze what was presented.

“We think that the decision could come in 9 to 18 months, but we are not sure”, says lawyer Gearóid Ó Cuinn, who highlights that the result could represent the taking of concrete decisions against global warming.

In addition to seeking to reduce greenhouse gases within European borders, the group also wants to act on pollution linked to what happens outside the continent. This would include, among other things, imposing limitations on the import of goods produced in carbon-intensive contexts.

To achieve this objective, the legal team is based on a series of scientific arguments that show the dimension of the climate crisis and the need to limit the global increase in temperatures to contain its most harmful effects.

In recent years, amid little progress made by international agreements to limit emissions, environmentalists have increasingly turned to the courts to press for change.

A study by the London School of Economics, led by Brazilian researcher Joana Setzer in partnership with Catherine Higham, revealed an increase in so-called climate litigation.

Published last year, the report identified 2,002 cases of climate litigation since 1986. The number of such cases has doubled since 2015. Around 20% of total actions were filed from 2020 to 2022.

“Climate litigation has become an instrument used to enforce or reinforce climate commitments made by governments”, reinforces the report.

The processes are heterogeneous and target not only national and regional governments, but also companies and other entities. Oil and gas companies are among the most frequent targets.

In one of the most recent lawsuits of its kind, filed in the first week of September, the state of California sued five of the world’s largest oil companies: Exxon Mobil, Shell, BP, ConocoPhillips and Chevron.

The companies are accused of causing millions of dollars in losses, in addition to having acted to deceive the public to minimize the risks related to global warming.

Dozens of municipalities and at least seven US states also have similar actions against giants in the oil and gas sector.

Another case that draws attention in the USA is that of young people from Montana who sued the state administration for failing to assess the risks of climate change. In August, the court ruled in favor of the young people, making this the first action of its kind judged in the country.

Also in August, the United Nations Committee on the Rights of the Child affirmed, in an unprecedented way, that all children have the right to a clean and healthy environment. The understanding points out that countries have an obligation to fight climate change and, therefore, must reinforce climate litigation.

In Europe, there have also been some decisions favorable to environmentalists. One of the most emblematic cases took place in 2019, when the Dutch Supreme Court ruled that it was a national duty to reduce carbon emissions more quickly. The determination forced the government to announce more ambitious targets and plans to reduce emissions.

Another media case involves Brazil and activist Greta Thunberg. The Swedish environmentalist is part of a group of 16 young people who filed a complaint with the UN (United Nations) against Brazil, Germany, Argentina, France and Turkey.

The countries, which are among the biggest polluters in the world, are accused of violating children’s rights under the Convention on the Rights of the Child, signed three decades ago.