Unprecedented Battle: 6 Young Champions Challenge 32 Countries in a Modern David vs Goliath Showdown

The European Court of Human Rights is set to hear a landmark case on Wednesday, as six young individuals from Portugal, aged between 11 and 24, take legal action against 32 European countries. The lawsuit accuses these countries of negligence in addressing the climate crisis, which is deemed to be caused by human activities. The claimants assert that they are directly impacted by the consequences of climate change and are urging the court to compel the countries in question to swiftly enhance their efforts towards mitigating climate change.

This is the inaugural climate case to be presented to the European Court of Human Rights and is the most significant among the three climate lawsuits currently under consideration by the court. The implications are profound. A favorable outcome would compel nations to swiftly enhance their climate objectives and would also significantly enhance the prospects of other climate litigation globally, particularly those asserting that states hold human rights responsibilities to safeguard individuals from the climate emergency.

In the event that the court rules unfavorably for the claimants, it carries the potential to have detrimental consequences for future climate claims. According to Gearóid Ó Cuinn, the director of Global Legal Action Network (GLAN), this case is comparable to David and Goliath in terms of its remarkable scale and possible ramifications.

"Never before have so many states had to defend themselves in front of anywhere in the world," he told CNN.

Deadly wildfires

The journey to the Wednesday hearing commenced six years prior, initiated by the fires in 2017," declared Catarina Mota, one of the plaintiffs.

In that year, catastrophic wildfires engulfed 500,000 hectares of Portugal, resulting in the tragic demise of over 100 individuals. With the fires inching closer to Mota's vicinity, schools, including her own, were shut down. "The pervasive smoke obscured everything," she recounted to CNN.

The lawsuit was triggered by the catastrophe. Mota initiated a conversation with her friend and now fellow claimant, Cláudia Duarte Agostinho. With the support of GLAN, they enlisted four additional claimants, all of whom were impacted by the wildfires in 2017.

A firefighter is seen bravely fighting a fire that claimed the lives of many individuals on June 19, 2017, near Pedrogao Grande in the Leiria district of Portugal. Tragically, some of the victims tragically perished while attempting to escape the area in their vehicles.

Image credit: Pablo Blazquez Dominguez/Getty Images

A woman reacts to flames approaching her house after a wildfire took dozens of lives on June 19, 2017 in a village near Pedrogao Grande, in Leiria district, Portugal.

The group argues that climate change continues to impact their lives, particularly through the regular experience of fierce heat waves in Portugal. They claim that these periods make it difficult to go outside, concentrate on schoolwork, sleep, and even breathe for some individuals. Additionally, they emphasize the adverse effects on their mental health.

"It makes us worried about our future. How could we not be scared?" said 15-year-old claimant André dos Santos Oliviera.

Like a legally binding treaty

The lawsuit, filed in 2020, has been expedited by the European Court of Human Rights due to the urgent nature of the matter and the numerous defendants involved.

On Wednesday, the claimants will assert that the failure to address the rapidly worsening climate crisis violates their human rights, including their right to life and family life, freedom from inhumane treatment, and freedom from age-based discrimination.

The court is being requested to determine that countries contributing to the climate crisis are responsible for safeguarding not only their own citizens but also those beyond their borders.

Their request involves the 32 countries, comprising of the 27 European Union nations, as well as Norway, Russia, Switzerland, Turkey, and the United Kingdom, taking significant measures to reduce their pollution that contributes to global warming. Additionally, these countries are urged to compel companies based within their territories to reduce emissions throughout their entire supply chains.

On their part, the countries facing lawsuits argue in written submissions that none of the claimants have proven significant damages due to climate change.

In its response, the Greek government, after enduring a deadly summer of intense heat, fires, and storms, stated, "The observed consequences of climate change up until now do not appear to directly impact human life or health."

Four of the six claimants: Martim Duarte, 17, Cláudia Duarte, 21, Mariana Duarte, 8, and Catarina Mota, 20.

Courtesy Marcelo Engenheiro

The lawsuit could go one of several ways.

The court may dismiss the claim based on procedural reasons or jurisdictional limitations. If the procedural requirements are met, the court may determine that states are not bound by human rights obligations in relation to climate change. Michael B. Gerrard, the director of the Sabin Center for Climate Change Law at Columbia Law School, expressed concerns about the potential negative impact of such a ruling on other similar cases.

Alternatively, the claimants could be granted a favorable ruling. According to Ó Cuinn, the judgment would function as a legally binding agreement, compelling all 32 countries to expedite their efforts towards addressing climate change.

Gerrard, speaking to CNN, expressed that this verdict could hold significant significance, potentially serving as a catalyst for an increase in climate-related lawsuits across Europe and potentially other parts of the world.

Youth plaintiffs are greeted by supporters at Montana's First Judicial District Court in June.

William Campbell/Getty Images

Montana judge hands young plaintiffs significant victory in landmark climate trial

The lawsuit is the most significant among three claims currently pending in court, all revolving around countries' responsibilities towards their citizens in relation to climate change. The court has already considered the other two cases in March. One pertained to over 2,000 elderly Swiss women who asserted that heat waves intensified by climate change had a detrimental impact on their well-being and overall quality of life. The second case was filed by a French mayor alleging that France's inaction towards climate change violated his human rights.

The rise of climate litigation

With the exacerbation of extreme weather conditions, climate litigation has emerged as an increasingly favored approach to compel climate action. This is particularly crucial as nations worldwide have been insufficient in their efforts to reduce pollution and prevent alarming levels of global warming.

Despite meeting existing climate policies, the trajectory of the world still leads to a temperature rise of over 2.5 degrees Celsius compared to pre-industrial levels by the close of the century. The Earth has already experienced a warming of approximately 1.2 degrees, and its consequences are evident. Just within this year, we have witnessed unprecedented heatwaves, devastating wildfires, and catastrophic floods of unparalleled magnitude.

Countries are presently only doing the bare minimum, remarked Liston from GLAN, and if all nations continue doing so, "we will inexorably proceed on this utterly disastrous course."

California Governor Gavin Newsom addressed the UN Climate Ambition Summit during the 78th United Nations General Assembly on September 20, 2023. (Photo by Bryan R. Smith / AFP)

California establishes itself as a dominant force in combating climate change through a series of groundbreaking laws and attention-grabbing legal actions. This has prompted individuals to seek legal recourse, resulting in an increasing number of climate-related lawsuits worldwide. The Sabin Center reports that there are already over 2,400 such lawsuits, with new ones emerging on a weekly basis.

Climate litigation is an essential instrument, according to Catherine Higham, coordinator of the Climate Change Laws of the World project at the London School of Economics. "However, I believe it is merely one component of the overall solution," she expressed to CNN.

Additionally, Higham emphasized the significance of continuous advocacy and climate conferences, including the forthcoming United Nations COP28 summit in Dubai.

The Portuguese claimants will anxiously await the court's judgment. Mota believes that even if the claim is unsuccessful, it will still have succeeded in capturing people's attention. However, she expressed a strong desire for a positive outcome.