The European Court of Human Rights held a hearing on Wednesday 27 September, in the case of Duarte Agostinho and Others v. Portugal and 32 Others, brought by Portuguese applicants against 33 member states. The case was lodged with the court on 7 September 2020 and relates to the climate change and global warming impact on the applicants aged between 11 and 24.
Arguments
The applicants claim that their right to life and right to respect for private and family life have been detrimentally impacted due to the failure of member states to fulfil their obligations in terms of the European Convention on Human Rights and their undertakings in the Paris Agreement, with the further argument that violations of the prohibition of ill-treatment and the prohibition of discrimination have arisen. The applicants claim that the UN Convention on the Rights of the Child and the principles of intergenerational equity referred to in the Paris Agreement and other international instruments are also applicable to their arguments.
Questions to be addressed
The case is one of three cases brought before the court concerning complaints on the impact of climate change and government obligations. This hearing concerned specific questions that the parties were directed to address, including jurisdiction and whether the current case law needs to be further developed to take into account the specific characteristics of climate change, exhaustion of domestic remedies and victim status. It also included state specific observations, and the intervention of third parties.
The case is amongst a growing body of climate litigation arising as the effects of climate change become more pronounced on biodiversity, food security, health, livelihoods and wellbeing.
The ruling will be made at a later stage and the recording of the hearing can be accessed here, on the website of the European Court of Human Rights.
Sustainable Capabilities 