Six Portuguese campaigners claim their human rights are being violated by climate inaction. Ireland is vigorously contesting their claims
Firefighters arrive to battle a wildfire in Reguengo, Portugal, in August during an intense heatwave. Six Portuguese young people point out that the climate policies of the 32 states they are taking to court put global warming on course for a catastrophic 3 degrees or worse within their lifetimes.
and face a future of deadly month-long 40-degree heatwaves. The toll this is taking on their mental health is also central to their case. Essentially, their claim is that the respondent states are violating their human rights because The severity of the harms the applicants face has already been recognised by the ECtHR. After the case was filed, the court took the unprecedented step of introducing its own question on whether their right to be free from torture, inhuman and degrading treatment is being violated. The court has found violations of other rights in many cases involving harm to the natural environment but it has never even considered the applicability of this right in such a case .
Of all respondent states, Ireland has made the lengthiest written submissions, forcefully opposing every argument of the applicants. This includes their very uncontroversial claim that their right to privacy and family life is affected by climate change. It is well established that a violation of this right can result from interference with a person’s quality of life, without any harm to health.
Gerry Liston is a senior lawyer with the Global Legal Action Network and has been working since 2017 with the Portuguese young people in pursuing their case.
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