Is climate protection a human right? Court rules in three cases
Published: Tuesday, Apr 9th 2024, 05:01
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Does a state violate human rights if it does not do enough to combat climate change? The European Court of Human Rights (ECtHR) is set to deliver three judgments on this question this Tuesday in Strasbourg. Several young people from Portugal as well as senior citizens from Switzerland and a French mayor have filed complaints. The judgments could also have an impact on Germany.
Pensioners and teenagers for more climate protection
The young plaintiffs from Portugal accuse 32 European countries - including Germany - of exacerbating the climate crisis and thus jeopardizing the future of their generation. Their complaints were prompted by the devastating forest fires in their home country in 2017. If they are successful, the ECtHR could order the governments of the EU member states and the co-defendants Norway, Russia, Turkey, Switzerland and the UK to adopt and adhere to stricter climate targets.
The group of older women from Switzerland initiated by Greenpeace wants the Alpine republic to reduce its greenhouse gas emissions to a greater extent. The so-called climate senior citizens claim that their right to life and to private and family life is being violated by the lack of climate protection measures. The third case concerns the complaint of a French ex-mayor. He claims that France has not taken sufficient measures to prevent climate change.
Why the judgments are special
The Swiss women's case is the first climate change case ever to be heard by the ECtHR. In addition, Strasbourg has probably rarely seen such a large trial as that of the six Portuguese young people: On the side of the reprimanded states alone, 80 lawyers were represented at the hearing. Worldwide media interest and large expressions of solidarity for the climate activists are now expected. Swedish activist Greta Thunberg is also expected to be present.
The content of the cases is also exciting: although the ECtHR has previously dealt with environmental emissions such as noise or air pollution, it has never dealt with a country's CO2 emissions. "We are hoping for a leading judgment that climate protection is a human rights issue and not just a mere declaration of intent," said senior climate expert Stefanie Brander to the German Press Agency ahead of the hearing.
The ECHR is part of the Council of Europe and is responsible for ensuring compliance with the Convention on Human Rights. The Council of Europe includes the EU member states as well as other major countries such as Turkey and the UK. If this supranational court were to speak out in favor of stricter requirements for climate protection, for example, it would definitely send out a strong signal.
What the rulings could mean for Germany
An ECHR judgment is only binding on the country that is condemned. "If the court finds that Portugal or Switzerland have violated human rights, this would only have indirect consequences for Germany," explains international law expert Birgit Peters. For example, the Federal Republic of Germany could then be obliged under the Human Rights Convention to further reduce greenhouse gases in order to protect people's lives and health, just like the reprimanded country.
The young Portuguese have not only sued their home country, but also most of the countries in the Council of Europe - including Germany. If the judges come to the conclusion that Germany has also violated the human rights of the Portuguese young people due to inadequate climate protection, the court could, for example, oblige Germany to comply with the requirements of the Paris Climate Agreement, as Peters says. "However, as the Federal Republic has implemented compliance with these obligations in the current Climate Protection Act, nothing would change for Germany for the time being." The only change would therefore be if the reduction obligations of the states were defined differently, i.e. if the judges called on Germany to reduce even more CO2 than before. However, it remains to be seen whether the Court will go that far.
What the chances are
Some observers had expected that at least the young people's application would be dismissed immediately. Normally, those affected have to go through the courts in their home country before they can appeal to the ECtHR. The Portuguese had not done so. However, the judges made an exception and referred the case to the Grand Chamber together with the other two applications. The fact that the applications were heard there indicates that the judges attach particular importance to the proceedings and that the case at least does not appear to be completely hopeless.
One of the decisive points in all three cases will be the so-called victim status. This means that you have to be directly or indirectly affected by the potential human rights violation. On the day before the verdict, the plaintiffs were nervous but combative: "One thing is certain: we will not stop, regardless of the outcome," said 15-year-old André dos Santos Oliveira.
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