ECtHR holds landmark climate case involving 32 governments

The European Court of Human Rights (ECHR) in Strasbourg heard the largest climate case ever brought before the court on September 27.

Six young activists from Portugal had filed a lawsuit against 32 governments, including European Union (EU) member states, Norway, Russia, Switzerland, Turkey, and the United Kingdom, due to what they perceived as slow responses to the climate crisis. According to the Global Climate Communication Network, these young climate activists claim that these countries have violated human rights by not sufficiently reducing their emissions. This hearing represents the largest number of defendant countries ever in any court case.

While more than 80 lawyers representing the defendant countries were present at the hearing, the young plaintiffs were represented by a group of only six lawyers. Activists from all over Europe accompanied the hearing day to show solidarity.

Kate Higham, a Policy Researcher at the Grantham Institute, London School of Economics, commented on the case, saying, "The lawsuit filed by six young Portuguese against 32 governments could be a turning point in climate litigation."

Dr. Hacı Ali Açıkgül, the Head of the Human Rights Department at the Ministry of Justice, representing Turkey in the case, argued that Turkey had a unique position because it had not yet become a party to the Paris Agreement when the lawsuit was filed in February 2021. However, the case is being heard based on the allegation that governments have violated human rights, and Turkey, being a party to the European Convention on Human Rights since 1950, is in the defendant's position.

As a result of the case, the court may instruct governments to increase and strengthen climate actions. The decision is expected to be announced in 2024.

Deniz Bayram, an attorney representing the young activists who filed Turkey's first climate lawsuit, raised concerns about Turkey's position in the case. He stated, "In today's hearing at the European Court of Human Rights, Turkey's argument that the lawsuit was admissible due to Turkey's different position as it was not a party to the Paris Climate Agreement when the lawsuit was filed raised questions about its commitment to combating the climate crisis." Bayram continued:

"Like the six Portuguese plaintiffs, three young people in Turkey are also demanding the protection of human rights against the climate crisis. The case brought by these three young people in Turkey continues, arguing that Turkey's updated national contribution to the Paris Climate Agreement is not a sufficient climate action plan. All states, including Turkey, are expected to make commitments that align with the goal of limiting global warming to 1.5 degrees, and to turn these commitments into binding legal regulations and implement them. In this time of a climate crisis in a red alert state, decision-makers should announce effective climate plans instead of avoiding engagement with lawsuits. The correct responses from states to these lawsuits are clear: making absolute emission reductions commitments that are in line with the Paris Climate Agreement, turning these commitments into binding legal regulations, and implementing them."

(TY/VK)