Awaited Landmark Climate Rulings from the European Court of Human Rights

???? April 9th will be a turning point for climate litigation! The Grand Chamber of the European Court of Human Rights will deliver three decisions that will address — for the first time ever — State responsibility under the European Convention on Human Rights to prevent climate related harms. CIEL will join the plaintiffs and civil society partners from around the world in the courtroom for the public hearing at 10:30am CET in Strasbourg ????.

Here’s what you need to know about the three cases:

????In Verein Klimaseniorinnen Schweiz and Others v. Switzerland, senior women, supported by Greenpeace Switzerland , are arguing that Switzerland’s inadequate climate policies violate their human rights to life and health. Additionally, on the basis of how their complaints were handled at the national level, they have asserted violations of their rights to fair trial and effective remedy.?

???? In Duarte Agostinho and Others v. Portugal and 32 others, six Portuguese youth, led by Claudia Duarte Agostinho and supported by GLAN | Global Legal Action Network , argue that government inaction on climate change discriminates against young people and poses a risk to their lives and their physical and mental health.?

???? The Carême v. France case is brought by French MP Damien Careme , arguing that France has taken insufficient steps to prevent climate change, which violates human rights.

Together, all three cases are 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 will force governments to confront the glaring gap between their climate policies and what science says is needed to avert climate catastrophe.?

The three cases raise several legal questions regarding States’ obligations in the context of climate change, including in relation to:

• The duty of States to adequately prevent foreseeable human rights harms caused by climate impacts.
• The scope of victim status regarding climate harms (who can claim protection and seek remedy from the European Court of Human Rights).
• The duty of States to prevent extraterritorial harms.
• The role of international law, including the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, and science, in determining the adequacy of State measures to meet their climate-related legal obligations.

While the cases involve 32 countries (27 EU Member States ????+ Britain ????, Switzerland ????, Norway ????, Russia ????, and Turkey ????), the decisions will inform how the European Convention of Human Rights must be interpreted in all 46 Member States of the Council of Europe . The rulings have the potential to influence the rising tide of climate litigation cases around the world.?

This day is nearly a decade in the making, and it is a testament to the courage and resilience of the plaintiffs and the expertise and vision of their legal teams. CIEL is honored to be in solidarity with these leaders in the fight for climate accountability as amici for two of the three cases.?

Stay tuned for CIEL’s analysis and reactions to the rulings next week and connect with senior attorney Joie Chowdhury , who will be following the hearing in Strasbourg!