This case was brought by a group of six young people, acting together as the ‘Youth for Climate Justice’, against 33 Council of Europe Member States. Theirs is the first climate case to come before the ECtHR. In their application, the six applicants, who are aged between 8 and 21, argue that the 33 respondent States have failed to comply with their positive obligations under Articles 2 and 8 of the Convention, read in the light of the commitments made under the 2015 Paris Climate Agreement. They claim that their right to life (Art. 2 ECHR) is being threatened by the effects of climate change in their home State of Portugal, including through the harms caused by forest fires. Moreover, they claim that their right to respect for their private and family life under Art. 8 ECHR is being threatened by heatwaves that force them to spend more time indoors. They also note their anxiety about their uncertain future, and the fact that, as young people, they stand to experience the worst effects of climate change. They accordingly allege a violation of Article 14 ECHR (non-discrimination), given the particular impacts of climate change on their generation. According to the applicants, the absence of adequate measures to limit global emissions constitutes, in itself, a breach of the obligations incumbent on States.
This is the first climate application brought before the European Court of Human Rights, and it was brought with the support of the Global Legal Action Network (GLAN). The issues raised here are novel in the Strasbourg context. In addition, in communicating the case, the Court also proprio motu raised an issue under Article 3 ECHR, the prohibition of torture and inhuman and degrading treatment.
None, this case was brought directly to the ECtHR. The applicants submit that, given the complexity of the case and their limited financial means, requiring them to exhaust the domestic remedies in each of the 33 respondent States would impose an excessive and disproportionate burden on them.
On 29 June 2022, the 7-judge Chamber to which the case had originally been allocated relinquished jurisdiction over it in favour of the Court’s 17-judge Grand Chamber. Relinquishment is possible where a case either (a) raises a serious question affecting the interpretation of the Convention or its Protocols, or (b) might lead to a result inconsistent with the Court’s case-law (Rule 72, paras 1-2 of the Rules of Court).
In February 2023, the Court announced that it would hold a public Grand Chamber hearing in this case, along with two other climate cases pending before it (Carême v. France and KlimaSeniorinnen and Others v. Switzerland). It announced that it would adjourn the remaining climate cases pending before it in the meantime. The oral stage in these three cases is staggered, with Carême and KlimaSeniorinnen to be heard on 29 March 2023, and the hearing in Duarte Agostinho to be held before the same composition of the Grand Chamber at a later stage, with the Court aiming to hold the hearing soon after its 2023 summer judicial recess.
Implementation measures taken:
Type of Forum:
Status of case:
Communicated by the Court on 30 November 2020. Relinquished to the Grand Chamber on 29 June 2022.
Suggested case citation:
ECtHR, Duarte Agostinho and Others v. Portugal and 32 Other Member States, no. 39371/20, Communicated Case, 30 November 2020, relinquished to the Grand Chamber on 29 June 2022.
For more information on this case, see the following links.
- For more background on the case and profiles on the applicants, click here: https://youth4climatejustice.org/.
- For the original application for as submitted to the Court, click here.
- To see all of the third party interventions filed in the case to date (eight in total), click here.
- To read the observations of the 33 respondent states in this case, click here.
2 replies on “Duarte Agostinho et al. v. Austria et al.”
[…] priority policy under Rule 41 of the Rules of Court. In the two already-communicated climate cases, Duarte Agostinho v. 33 Member States and Klimaseniorinnen v. Switzerland, the Court has granted the applicants’ request for […]
[…] policy under Rule 41 of the Rules of Court. In the two already-communicated climate cases, Duarte Agostinho v. 33 Member States and Klimaseniorinnen v. Switzerland, the Court has granted the applicants’ request for […]