Category: Emissions reductions/mitigation

Categories
2024 Children and young people Domestic court Emissions reductions/mitigation Paris Agreement Right to a healthy environment Right to life Right to property Right to pursue happiness Uncategorized

Min-A Park v. South Korea

Summary:
In July 2023, a fourth constitutional mitigation case was filed before the South Korean Constitutional Court. This case was consolidated with three previously-filed climate cases, representing a total of 255 plaintiffs, and the Constitutional Court issued its ruling in all four cases on 29 August 2024. This joint ruling was reported as a landmark judgment and as the first finding of its kind in Asia (i.e. the first time that a court in the region found that inadequate mitigation action violates constitutional rights).

In the present case, 51 individuals argued that their constitutional rights were being inadequately safeguarded by the failure to create an adequate implementation plana for South Korea’s 2030 Nationally Determined Contribution under the Paris Agreement (NDC). This makes this case somewhat different from the other three, in the sense that it does not contest the country’s 40% reduction target (by 2030) itself, but argues that domestic measures will not be enough to meet that target. The plaintiffs estimated that current steps envisioned under South Korea’s Carbon Neutrality Plan would achieve only a 29.6% emissions reduction.

As per the complaint document (available, in the original Korean, on ClimateCaseChart), the plaintiffs invoked their rights to life, to pursue happiness, to general freedom, to property and to a healthy environment along with the State’s obligation to protect against disasters and protect fundamental rights.

Relevant developments:
On 12 June 2023, shortly before this case was filed, it was announced that the National Human Rights Commission of Korea had decided to submit an opinion to South Korea’s Constitutional Court to oppose the country’s Carbon Neutrality Act (2021), which it considered to be unconstitutional and in violation of the fundamental rights of future generations because it sets out a greenhouse gas emissions reductions target that was too low. The Act sets out a 40% emissions reductions target by 2030 as compared to 2018 levels. This, the Commission found, did not respect the constitutional principle of equality, because it passed the burden of greenhouse gas emissions on to future generations.

Consolidation with three other cases:
The South Korean Constitutional Court decided to consolidate its first four climate cases (Do-Hyun Kim et al. v. South Korea, Woodpecker et al. v. South Korea (Baby Climate Litigation), Climate Crisis Emergency Action v. South Korea (a.k.a. Byung-In Kim et al. v. South Korea) and Min-A Park v. South Korea (the present case). Public hearings in the cases were held on 23 April 2024 and 21 May 2024.

These cases all alleged that the government’s inadequate greenhouse gas reduction targets violated citizens’ fundamental rights, particularly those of future generations. Together, the four cases comprised over 250 plaintiffs, including civil society, youth and children. The Constitutional Court issued a joint ruling in these cases on 29 August 2024.

Judgment of the constitutional court:
On 29 August 2024, the South Korean Constitutional Court found a violation of constitutional rights in this case and three related cases. In an unanimous ruling, hailed as “the first decision of its kind in Asia“, the court found that the government’s response to the climate crisis was inadequate and threatened constitutional rights, noting that the country lacked legally binding long-term emissions reductions targets for the post-2031 period, which violated the constitutional rights of future generations by shifting an excessive reductions burden to the future. The Court gave government and legislature 18 months (until 28 February 2026) to introduce the relevant targets.

In particular, the Court ruled that Article 8(1) of the South Korean Carbon Neutrality Basic Act was unconstitutional. Previously, the government had pledged a 40% reduction of its GHG emissions by 2030 compared to 2018 levels, but had failed to set any targets since. The Constitutional Court held that this “does not have the minimum character necessary as a protective measure corresponding to the dangerous situation of the climate crisis”, citing the “principle of non-underprotection”, which means that the State must take appropriate measures to effectively protect the constitutional rights of its citizens.

Simultaneously, the Court held that the government’s target for 2030 did not infringe constitutional rights.

See also:
Do-Hyun Kim et al. v. South Korea.

Last updated:
29 August 2024.

Categories
Class action Domestic court Emissions reductions/mitigation European Convention on Human Rights Extreme poverty Germany Just transition litigation Paris Agreement Private and family life Right to health Right to life

“Zukunftsklage” (Greenpeace and ors. v. Germany) – Neubauer II / Steinmetz III

Summary:
On 26 June 2024, it was announced that five German environmental organisations, together with a large number of individual plaintiffs, would be preparing a total of three new constitutional complaints against the Federal Government’s inadequate climate policy and the gutting of the Climate Protection Act (KSG) for the event that Federal President Frank-Walter Steinmeier were to sign pending amendments of the Act into law.

The five organisations — Germanwatch, Greenpeace, Deutsche Umwelthilfe (DUH), Bund für Umwelt und Naturschutz Deutschland (BUND) and Solarenergie-Förderverein Deutschland (SFV) — will each lead a complaint together with plaintiffs affected by climate change in different areas of their lives. Some of these plaintiffs were parties to the groundbreaking Neubauer case before the Federal Constitutional Court, including Luisa Neubauer, Sophie Backsen, Hannes Backsen, and Lüke Recktenwald.

The applicants argue that, even though the Neubauer case elevated climate action to the level of constitutional protection, insufficient action has taken place since then. Drawing on the intertemporal constitutional freedoms recognized in Neubauer, the interests of intergenerational justice, impacts on life and health, and the judgment of the European Court of Human Rights in KlimaSeniorinnen, wherein it found a violation of the right to respect for private and family life in Art. 8 ECHR, the plaintiffs argue that the requisite climate action is being delayed further into the future, increasingly endangering the future enjoyment of rights. This particularly affects the transport sector, where “extreme cuts and measures” will be required to meet reductions targets.

The plaintiffs note that the German Council of Climate Experts has made it clear that Germany is unlikely to achieve its climate targets for 2030, and that according to data from the Federal Environment Agency, the target of net zero by 2045 will also be missed by a considerable margin given current plans. This is in part due to abolition of funding programs as a result of the Federal Constitutional Court’s ruling on the Climate and Transformation Fund in November 2023.

Focusing particularly on an amendment to the German Climate Protection Act (KSG), passed by the German Bundestag on 26 April 2024, the plaintiffs note that this move (i) abolishes binding sector targets; (ii) eliminates the requirement for corrective action to catch up on missed targets; and means that (iii) post-2030 compliance with emission targets will only be considered in detail from 2029 and only planned and implemented from 2030. Overall, these legislative changes show that the legislator has not understood the constitutional limits to the overall concept of climate protection.

Since the 2021 Neubauer judgment, the plaintiffs argue, the German CO2 budget has been unnecessarily used up, while feasible and proportionate measures have not been taken. For example, the introduction of a speed limit on German freeways and in cities would have saved considerable amounts of CO2 and thus protected opportunities for freedom. The plaintiffs also cite failure to plan for green mobility options in rural areas. While immediate action in the transport sector would make it possible to transition gradually, the current plans require an “emergency stop” that will severely limit the freedoms of especially poorer segments of the population.

This cannot be countered by the fact that regulations exist at EU level. The applicants argue that EU climate protection law as a whole, and for the transport sector in particular, does not guarantee the necessary protection of fundamental rights because it does not contain any binding interim targets after 2030 and does not specify a comprehensible budget up to 2050. And, the plaintiffs note, German legislators are currently not even complying with the requirements of EU law, as established by the German Council of Climate Experts, among others.

Relief sought:
In their announcement, the plaintiffs set out three motions for relief.

  1. The German Climate Protection Act (KSG) still allows too many emissions given that the German emissions budget is empty if measured by the 1.5°C target of the Paris Agreement and the European Court of Human Rights, and almost empty if measured against the 1.75°C threshold set by the Federal Constitutional Court in 2021. The law is not ambitious enough, the permitted quantity targets jeopardize human rights instead of securing them. This must be changed to comply with the state’s existing duty to protect.
  2. The recent amendment to the KSG is unconstitutional. By weakening the required measures to reach Germany’s goals, the amendment violates the intertemporal freedoms recognized in Neubauer. The amendment must be repealed and the old law must apply unchanged.
  3. The failure to take climate protection measures in the transport sector already violates intertemporal civil liberties, making disproportionate measures unavoidable later in time. People in rural areas are particularly affected by such restrictions on freedom, putting socially disadvantaged groups at a disadvantage.

Cases under the “Zukunftsklage” umbrella:

A first case under this umbrella was filed in July 2024. Known as “Steinmetz, et al. v. Germany III“, this case was brought by an NGO, Deutsche Umwelthilfe, and 11 individual plaintiffs aged between 14 and 27. They allege that current reforms are insufficient and that they violate the principle of intergenerational freedom developed in the Neubauer ruling. Drawing extensively on the European Court of Human Rights’ KlimaSeniorinnen judgment, they also argue that current mitigation plans in Germany infringe their rights to life and physical integrity, drawing on Article 8 ECHR.

Complaint form in the Steinmetz III caseDownload

Last updated:
29 November 2024

Categories
Austria Belgium Bulgaria Children and young people Croatia Cyprus Czechia Denmark Emissions reductions/mitigation Estonia European Convention on Human Rights European Court of Human Rights Extraterritorial obligations Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Non-discrimination Norway Paris Agreement Poland Portugal Private and family life Prohibition of torture Right to life Romania Russian Federation Slovakia Slovenia Spain Standing/admissibility Sweden Switzerland The Netherlands The United Kingdom Turkey Ukraine Victim status

Duarte Agostinho et al. v. Austria et al. (“Portuguese Children’s Case”)

Summary:
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 was the first climate case to come before the ECtHR. In their application, the six applicants, aged between 8 and 21 at the time, argued that the 33 respondent States 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 claimed that their right to life (Art. 2 ECHR) was being threatened by the effects of climate change in their home State of Portugal, including through the harms caused by forest fires. Moreover, they claimed that their right to respect for their private and family life under Art. 8 ECHR was being threatened by heatwaves that forced them to spend more time indoors. They also noted 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 alleged 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 was 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 were 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.

On 9 April 2024, the Court declared this case inadmissible on jurisdiction and non-exhaustion grounds.

Domestic proceedings:
None: this case was brought directly to the ECtHR. The applicants submitted that, given the complexity of the case and their limited financial means, as well as the limited prospects of success before domestic instances, requiring them to exhaust the domestic remedies in each of the 33 respondent States would impose an excessive and disproportionate burden on them.

Relinquishment:
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).

During the course of the proceedings, the complaint against Ukraine was withdrawn by the applicants. The Russian Federation ceased to be a Council of Europe Member State during the course of the proceedings, but this was not an obstacle to considering the application as concerns anything taking place before the end of its membership (on 16 September 2022).

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 was staggered: Carême and KlimaSeniorinnen were heard on 29 March 2023, while the hearing in Duarte Agostinho was heard by the same composition of the Grand Chamber on 27 September 2023.

Grand Chamber hearing:
A hearing in this case was held on 27 September 2023. A webcast of the hearing is available here.

During the hearing, the respondent States pooled their submissions to a large extent, with additional arguments from the Netherlands, Portugal, and Turkiye. Third-party interveners also received leave to appear during the oral hearing, namely the Council of Europe Commissioner for Human Rights, Dunja Mijatovic, the EU’s European Commission, and the European Network of National Human Rights Institutions (ENNHRI). The substance of the hearing focused largely on admissibility issues, namely victim status, the (non-)exhaustion of domestic remedies and the extraterritoriality of Convention obligations. The judges also asked a number of questions to the parties before retiring to consider the admissibility and merits of the case.

Admissibility:
From the blog post on the case by Ayyoub (Hazhar) Jamali available on our blog

After months of anticipation, the ECtHR delivered its judgment on 9 April 2024. The Court found the case inadmissible on two key grounds. Firstly, it ruled out jurisdiction regarding non-territorial states, narrowing the scope of accountability in this complex legal landscape to applicants’ home states. Secondly, it dismissed the application against Portugal due to a lack of exhaustion of domestic remedies.

Extraterritorial Jurisdiction
The Court acknowledged its jurisdiction concerning Portugal but denied it concerning other non-territorial states. It recognized that under Article 1 of the Convention, jurisdiction primarily pertains to territorial boundaries, implying that individuals can only claim Convention violations against the territorial state where they reside. However, the Court reiterated that the Convention’s reach can extend beyond national borders in two main forms: when a state exercises effective control over an area (spatial concept of jurisdiction, or jurisdiction ratione loci), and when there is state agent authority or control over individuals (personal concept of jurisdiction, or jurisdiction ratione personae) (para 170). In the present case, as neither of these two criteria appeared applicable, the Court denied jurisdiction within the meaning of Article 1 ECHR.

Furthermore, the Court rejected the applicant’s argument that there are ‘exceptional circumstances’ and ‘special features’ for establishing the respondent states’ extraterritorial jurisdiction over the applicants within the specific context of climate change. It emphasized that determining whether the ECHR applies extraterritorially requires examining whether ‘exceptional circumstances’ exist, indicating that the state concerned is exercising extraterritorial jurisdiction over the applicants. This primarily involves exploring the nature of the link between the applicants and the respondent state.

The Court acknowledged that states have ultimate control over public and private activities within their territories that produce greenhouse gas emissions. It noted their international-law commitments, particularly those outlined in the Paris Agreement, which states have incorporated into their domestic laws and policy documents, as well as their Nationally Determined Contributions (NDC) under the Paris Agreement (para 192). Furthermore, the Court recognized the complex and multi-layered causal relationship between activities within a state’s territory that produce greenhouse gas emissions and their adverse impacts on the rights and well-being of individuals residing outside its borders (para 193). It emphasised that while climate change is a global phenomenon, each state bears responsibility for addressing it. However, the Court concluded that these considerations alone cannot justify creating a novel ground for extraterritorial jurisdiction through judicial interpretation or expanding existing ones (para 195). It emphasised that the ECHR protection system is primarily based on principles of territorial jurisdiction and subsidiarity.

The Court further denied the applicants’ claim that bringing a case against Portugal alone would be ineffective and that they had no other means of holding the respondent states accountable for the impact of climate change on their Convention rights. It distinguished between jurisdiction and responsibility, which constitutes a separate matter to be examined in relation to the merit of the complaint (para 202).

The Court further rejected the applicants’ claim concerning the reach of the Convention outside of national boundaries by their reliance on a test of ‘control over the applicants’ Convention interests’. It reasoned that, according to its established case-law, extraterritorial jurisdiction as conceived under Article 1 ECHR requires control over the person him- or herself rather than the person’s interests as such (para 204-206). It highlighted that, except for specific cases under Article 2 concerning intentional deprivation of life by state agents, there is no precedent for a criterion like ‘control over Convention interests’ as a basis for extraterritorial jurisdiction (paragraph 205). Consequently, the Court argued that adopting such an extension would represent a significant departure from established principles under Article 1.

The Court stated that otherwise, and given the multilateral dimension of climate change, almost anyone adversely affected by climate change anywhere in the world could be brought within the jurisdiction of any Contracting Party for the purposes of Article 1 ECHR in relation to that Party’s actions or omissions to tackle climate change. It also rejected the suggestion that such an extension of jurisdiction could be limited to the Convention’s legal space. It reasoned that, given the nature of climate change, including its causes and effects, an extension of extraterritorial jurisdiction by reference to that criterion would be artificial and difficult to justify (para 206).

Moreover, the Court acknowledged the significance of developments in international law, particularly with regards to the interpretations provided by bodies such as the Inter-American Court and the Committee on the Rights of the Child (CRC). It recognised the relevance of these interpretations in shaping the understanding of jurisdiction within the context of human rights treaties. However, the Court noted that these bodies had adopted distinct notions of jurisdiction, which had not been recognised in its own case-law. While the Court considered the insights provided by these international instruments and bodies, it concluded that they did not provide sufficient grounds for extending the extraterritorial jurisdiction of respondent states under the Convention, particularly as proposed by the applicants (para 209-210). Therefore, while remaining attentive to legal developments and global responses to issues such as climate change, the Court found no basis within the Convention for expanding extraterritorial jurisdiction as advocated by the applicants.

In conclusion, the Court found no grounds in the Convention for extending the respondent states’ extraterritorial jurisdiction through judicial interpretation.

Exhaustion of Domestic Remedies
Regarding Portugal, the applicants’ home state, there was no extraterritoriality issue. Here the Court examined whether effective remedies existed within the Portuguese legal system that the applicants were required to use under the exhaustion of domestic remedies rule. Despite the applicants’ argument that broad constitutional provisions alone could not provide effective and certain remedies, the Court disagreed, highlighting various remedies available in Portugal. These included, for example, constitutional recognition of the right to a healthy environment, actio popularis claims for environmental protection, etc (para 217-223). The Court emphasised the importance of affording domestic courts the opportunity to address issues before having recourse to international remedies. Consequently, the complaint against Portugal was found inadmissible. The Court also rejected the suggestion that it should rule on the issue of climate change before domestic courts had the opportunity to do so, reaffirming the principle of subsidiarity and the role of domestic jurisdictions in adjudicating such matters (para 228).

Victim Status
The Court found it challenging to determine whether the applicants met the criteria for victim status as set out on the same day in the KlimaSeniorinnen judgment against Switzerland. The lack of clarity is attributed, in part, to the applicants’ failure to exhaust domestic remedies. The Court found that, in any event, the application was inadmissible for the reasons previously outlined. Therefore, the Court declined to examine further whether the applicants could claim victim status (para 229-230).

Date:
9 April 2024

Type of Forum:
Regional

Status of case:
Communicated by the Court on 30 November 2020. Relinquished to the Grand Chamber on 29 June 2022. Grand Chamber hearing held on 27 September 2023. Decision announced at a Grand Chamber hearing held on 9 April 2024, along with rulings in the two other climate cases pending before the Grand Chamber.

Suggested case citation:
ECtHR, Duarte Agostinho and Others v. Portugal and 32 Other Member States, no. 39371/20, decision (Grand Chamber) of 9 April 2024.

Links:
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 all of the case documents, including the submissions from the respondent States and the third-party interveners, see here.
  • For analyses of the Grand Chamber hearing, see this post on our own blog by Viktoriya Gurash, or this post on Verfassungsblog by Corina Heri.
  • For the judgment, click here.
  • For the Court’s Q&A on the three climate cases, click here.

Last updated:
9 April 2024

Categories
2024 Emissions reductions/mitigation European Court of Human Rights France Private and family life Right to life Standing/admissibility Victim status

Carême v. France

Summary:
On 7 June 2022, the European Court of Human Rights announced the relinquishment of an application against France concerning the municipality of Grande-Synthe to the Court’s Grand Chamber. The applicant in this case, in his capacity as mayor of the municipality of Grande-Synthe, was originally involved in the Grande-Synthe case, but the Conseil d’État held on 19 November 2020 that, unlike the municipality itself, Mr Carême could not prove that he had an interest in bringing proceedings.

This was the second climate case to reach the Court’s Grand Chamber, after the Klimaseniorinnen application. The case was lodged on 28 January 2021, and the Grand Chamber held a public hearing in this case on 29 March 2023, making it the second climate case to be heard by the Court (after KlimaSeniorinnen).

Before the Court, the applicant argued that France’s insufficient climate change mitigation measures violated his rights to life (Article 2 ECHR) and to respect for private and family life (Article 8 ECHR). The Court summarized the applicant’s complaint as follows:

The applicant submits that the failure of the authorities to take all appropriate measures to enable France to comply with the maximum levels of greenhouse gas emissions that it has set itself constitutes a violation of the obligation to guarantee the right to life, enshrined in Article 2 of the Convention, and to guarantee the “right to a normal private and family life”, under Article 8 of the Convention. In particular, the applicant argues that Article 2 imposes an obligation on States to take the necessary measures to protect the lives of persons under their jurisdiction, including in relation to environmental hazards that might cause harm to life. Under Article 8 he argues that by dismissing his action on the grounds that he had no interest in bringing proceedings, the Conseil d’État disregarded his “right to a normal private and family life”. He submits that he is directly affected by the Government’s failure to take sufficient steps in the combat against climate change, since this failure increases the risk that his home might be affected in the years to come, and in any event by 2030, and that it is already affecting the conditions in which he occupies his property, in particular by not allowing him to plan his life peacefully there. He adds that the extent of the risks to his home will depend in particular on the results obtained by the French Government in the prevention of climate change.

The Court’s press release on this case can be found here.

Date of decision:
It was announced on 26 March 2024 that the Grand Chamber would issue its judgment in this case, along with the two other climate cases pending before the Grand Chamber, in a hearing on 9 April 2024 at 10:30 a.m. The judgment and a summary were made available on the Court’s HUDOC database immediately after the hearing.

The Court’s findings on the admissibility:
From the summary prepared by Viktoriya Gurash on the day of the Grand Chamber decision in this case.

Today, on 9 April 2024, the European Court of Human Rights issued a Grand Chamber decision in this case, unanimously declaring the applicant’s complaints under Articles 2 and 8 of the European Convention on Human Rights inadmissible ratione personae.

The Court, first, noted that its assessment of Mr Carême’s victim status as a physical person in the climate context will be based on the criteria set out in Verein KlimaSeniorinnen Schweiz and Others v Switzerland, decided on the same day, which includes that: the applicant must be subject to a high intensity of exposure to the adverse effects of climate change; and there must be a pressing need to ensure the applicant’s individual protection, owing to the absence or inadequacy of any reasonable measures to reduce harm (para 487 of KlimaSeniorinnen). The Court emphasised that the threshold for fulfilling these criteria is especially high in view of the exclusion of actio popularis cases under the Convention (para 488 of KlimaSeniorinnen).

Using this framework, in Carême, the ECtHR first assessed the reasons adduced by the domestic courts, specifically the Conseil d’État, when rejecting Mr Carême’s standing. Before the national authorities, the applicant argued that the house in which he resided at the time was located close to the coastline and that according to some predictions it would be flooded by 2040, taking into account the effects of climate change. The Conseil d’État found that the area of the municipality of Grande-Synthe was at a very high level of exposure to high risks of flooding and severe drought with the effect not only of a reduction and degradation of water resources, but also significant damage to built-up areas, given the geological characteristics of the soil. However, the Conseil d’État ruled that Mr Carême did not have an interest in bringing proceedings on the basis of the mere fact that his current residence was located in an area likely to be subject to flooding by 2040. The ECtHR adhered to this argument, reasoning that the risk relating to climate change affecting the applicant is of hypothetical nature.

The crucial factor leading to the Court’s decision as regards the applicant’s victim status is that he no longer has any relevant links with Grande-Synthe because he no longer resides in France, nor does he own or rent any property in Grande-Synthe. The Court noted that in his initial application the applicant indicated an address in Grande-Synthe, although at that time he no longer resided in that municipality but in Brussels. In view of this, the Court found moot Mr Carême’s argument that his residence in Grande-Synthe was at a future risk of flooding and that the current situation prevented him from envisaging himself serenely in his home.

The Court held that the applicant had no right to lodge a complaint under Article 34 of the Convention on behalf of the municipality of Grande-Synthe because, in view of the ECtHR’s settled case law, decentralised authorities that exercise public functions are considered to be ‘governmental organisations’ that have no standing. In addition, the Court highlighted that the interests of the residents of Grande-Synthe have, in any event, been defended by their municipality before the Conseil d’État in accordance with national law.

Furthermore, as regards the applicant’s claim that he had developed allergic asthma making him particularly sensitive to air pollution caused by climate change, the Court found that since this issue was not raised in the initial application, it constitutes a new and distinct complaint and falls outside the scope of this case.

Further reading:

  • For a comment on this case, see Marta Torre-Schaub’s post on Verfassungsblog.
  • For the judgment, click here.
  • For the Court’s Q&A on the three climate cases, click here.

Webcast of the hearing:
To watch a webcast recording of the public hearing in this case, which was held before the Grand Chamber of the European Court of Human Rights on 29 March 2023, click here (available in French and English).

Suggested citation:
ECtHR, Carême v. France, no. 7189/21, decision (Grand Chamber) of 9 April 2024

Last updated:
9 April 2024

Categories
China Emissions reductions/mitigation Federation of Bosnia and Herzegovina Fossil fuel extraction Paris Agreement Participation rights Right to a healthy environment Right to health Right to life Right to water Rights at stake

Violations of Human Rights by Federation of Bosnia and Herzegovina (BiH) and China due to Coal Fired plants in BiH

Summary:

On 17 March 2021, two UN Special Rapporteurs, Marcos A. Orellana (Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes) and David R. Boyd (Special Rapporteur on the issues of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment), issued communications to Bosnia Herzegovina (BiH) and China regarding alleged human rights violations stemming from the operation of coal power plants in BiH, supported by Chinese State-Owned Enterprises and financed by the China Development Bank. Civil society complaints raised concerns about water and air pollution, negative impacts on climate change, and adverse health effects, including respiratory issues and cardiac arrest. The communication highlighted violations of international human rights obligations related to a healthy environment, life, health, bodily integrity, safe drinking water, and sanitation. It also emphasised the exacerbation of climate change conditions through increased greenhouse gas emissions. Procedural environmental human rights were allegedly affected due to failures in providing information, access to justice, and effective remedies for health impacts caused by the plants. The communication sought measures from both BiH and China, including ensuring plant compliance with national and international laws, harmonising environmental permitting procedures, monitoring health impacts, and preventing negative human rights and environmental outcomes. China was also asked to provide information on the global impacts of pollution caused by Chinese-supported plants and measures to ensure Belt and Road Initiative projects align with the Paris Agreement’s climate objectives.

China responded to the communication on 27 May 2021, rejecting the allegations as false and emphasising its commitment to international responsibility for climate change. China stated that the Tuzla plant, one of the plants in question, is intended to replace outdated units, complying with EU carbon emissions standards and contributing to local development and reliable energy supply. BiH had not responded yet.

Claim:

The case revolves around the alleged violations of human rights related to pollution, waste, and climate change resulting from the operation of Chinese-supported coal-fired plants in the Federation of Bosnia and Herzegovina. The claim is that both Bosnia Herzegovina and China have failed to meet international human rights obligations for human and environmental rights, including the right to a healthy environment, life, health, bodily integrity, safe drinking water, and sanitation. The construction and operation of these plants are accused of exacerbating climate change conditions by increasing greenhouse gas emissions. The communication seeks measures to address these concerns, emphasising the responsibility of states under international human rights law to prevent, investigate, punish, and redress such abuses.

Links:

The case documents can be found here. The documents are also available for download below:

DownLoadPublicCommunicationFile-CHNDownload
DownLoadPublicCommunicationFile-BIHDownload
DownLoadFile-response0CHNDownload

Status of the case:
The case is currently pending before the UN Special Rapporteurs.

Suggested citation:
Violations of Human Rights by Federation of Bosnia Herzegovina (BiH) and China due to Coal Fired plants in BiH, AL BIH 2/2021 and AL CHN 2/2021 (17 March 2021).

Last updated:
15 January 2024.

Categories
Brazil Class action Deforestation Domestic court Emissions reductions/mitigation Human dignity Right to a healthy environment Right to health Right to life Right to subsistence/food

Institute of Amazonian Studies (IEA) v Brazil

Summary:

The IEA v. Brazil case centres on the severe deforestation crisis in the Brazilian Amazon, a major global climate concern. The Institute of Amazonian Studies (IEA), an NGO, initiated a public civil action, not only demanding the Brazilian government’s compliance with national climate laws but also advocating for the recognition of a new fundamental right to a stable climate for both current and future generations. IEA contends that the government has failed to meet emissions targets outlined in the National Policy on Climate Change, specifically the Plan to Prevent and Combat Deforestation in the Legal Amazon. The NGO seeks court orders to enforce compliance with these plans and, in case of non-compliance, calls for reforestation and resource allocation. Importantly, IEA asserts the existence of a fundamental right to climate stability implicit in the Brazilian Constitution, crucial for human life and ecological balance. This right encompasses various aspects such as an ecologically balanced environment, dignified life, inviolability of life, freedom, equality, security, property, health, food, and housing. The case also challenges the burden of proof, with IEA requesting a reversal, arguing that the government, holding evidence, should prove compliance with climate policies and lack of influence on deforestation rates.

Claim:

The IEA’s main contentions involve compelling the Brazilian government to adhere to climate policies, implement deforestation reduction plans, and acknowledge a fundamental right to climate stability. Additionally, the NGO seeks a reversal of the burden of proof, placing the responsibility on the government to demonstrate compliance with climate regulations and its non-influence on deforestation rates.

Legal developments:

In July 2021, the Federal District Court of Curitiba initially declined jurisdiction and transferred the case to the Court of Amazonas. However, this decision was subsequently suspended on 20 August 2021 by the Federal Appellate Court, following a ruling from the reporting judge. The Appellate Court reversed the lower court’s decision, returning the case to the Federal District Court.

During this process, the question of whether the case should be consolidated with another one, Federal Prosecutor’s Office v. IBAMA, concerning the operationalisation of monitoring bases in critical areas within the Amazon, was also considered. The Court determined that the two cases were distinct in terms of typology, structure, objective, cause of actions, and demands. Specifically, it highlighted the differences between IEA v. Brazil, aimed at ensuring the federal government takes steps to implement climate policies, and Federal Prosecutor’s Office v. IBAMA, which addresses environmental law matters.

On 7 December 2021, the Third Chamber of the Appellate Court affirmed the decision to return the case to the Federal District Court. The Court emphasised that, although both lawsuits dealt with illegal deforestation, they had different focuses. IEA v. Brazil concentrated on reducing Brazilian emissions through deforestation reduction, while Federal Prosecutor’s Office v. IBAMA addressed an environmental law case focused on combating deforestation in ten “ecological hotspots” within a specific timeframe, namely the COVID-19 pandemic. The Court underscored the distinction between climate litigation and environmental litigation in making its determination.

Links:

The case documents are accessible here and here.

Status of the case:

The case is currently pending before the Federal Court of Curitiba.

Suggested citation:

Institute of Amazonian Studies v. Brazil, Federal Regional Court, Fourth Region, ACP No. 5048951-39.2020.4.04.7000, 29 March 2022 (Brazil).

Last updated:

12 January 2024

Categories
Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Fossil fuel extraction Non-discrimination Right to a healthy environment Right to health Right to life Right to property United States of America

Genesis B. v United States Environmental Protection Agency (EPA)

Summary:
On 10 December 2023, 18 children from California, aged 8 to 17, initiated a constitutional climate lawsuit titled Genesis B. v. United States Environmental Protection Agency (EPA). The lawsuit targets not only the EPA but also its administrator, Michael Regan, and the U.S. federal government. The central claim put forth by the young plaintiffs is that the EPA, responsible for regulating greenhouse gas emissions, is deliberately allowing life-threatening climate pollution to be emitted by fossil fuel sources under its jurisdiction. According to the plaintiffs, this negligence is causing substantial harm to the health and welfare of children. Furthermore, the children argue that the EPA is engaging in discrimination against them as a distinct group of individuals by discounting the economic value of their lives and their future when making decisions about the permissible levels of climate pollution. The plaintiffs assert that such actions violate their constitutional rights, specifically the right to equal protection of the law and the right to life.

This legal action is part of a sequence of constitutional climate cases initiated by the nonprofit legal organisation Our Children’s Trust and led by youth activists. Notably, Our Children’s Trust achieved a significant milestone in August 2023 with the Held and Others v. Montana case. In this instance, a judge sided with plaintiffs who contended that the state’s policies favouring fossil fuels encroached upon their constitutional entitlement to a clean and healthful environment

Claim:
The youth involved in Genesis B. v. United States Environmental Protection Agency asserted that the EPA’s actions violated their fundamental constitutional rights, specifically the right to equal protection of the law and the right to life and liberty. They sought a declaratory judgment from the federal court and are urging the court to establish a unique standard of judicial review that recognises and protects the equal protection rights of children. Ultimately, the plaintiffs aimed to compel the EPA to cease permitting life-threatening levels of fossil fuel climate pollution and, in alignment with scientific recommendations, phase out fossil fuel pollution by 2050.

Dismissal of the case:
On 9 April 2026, the case was dismissed for lack of standing by the Ninth Circuit Court of Appeals, which agreed with the United States District Court for the Central District of California. The Ninth Circuit Court found that the plaintiffs had not alleged a viable injury to their constitutional (equal protection) rights, given that discrimination against children had not been proven to be a motivation of the contested policies. Even if they had been able to show cognizable injuries from climate change, the link between governmental discounting policies and those injuries was “too speculative and tenuous” to meet standing criteria. Citing its own findings in Juliana, the Court held that recognizing a rights violation in this case could not redress the alleged injuries.

Link:
The original petition is available for download below, as is the Ninth Circuit’s finding:

Doc1Complaint2023.12.10Download
25-2473Download

Suggested citation:
US Ninth Circuit Court of Appeals, Genesis B. v. United States Environmental Protection Agency, No. 25-2473 D.C. No. 2:23-cv-10345MWF-AGR, 9 April 2026.

Last updated:
24 June 2026.

Categories
Climate activists and human rights defenders Domestic court Emissions reductions/mitigation European Convention on Human Rights Non-discrimination Paris Agreement Right to a healthy environment Right to culture Right to education Right to health Right to life Right to subsistence/food Right to water Self-determination Turkey Uncategorized

A.S. & S.A. & E.N.B v. Presidency of Türkiye & The Ministry of Environment, Urbanization and Climate Change

Summary:

On 13 April 2023, Türkiye submitted its updated Nationally Determined Contribution (NDC) to the Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC). The NDC states that Türkiye aims to reduce its CO2 emissions by 41% by 2030 compared to the business-as-usual scenario with 2012 as its base year, and plans on peaking emissions by 2038 at the latest. This would increase CO2 emissions by 30% until 2030. Due to this further increase in CO2 emissions, climate activists Atlas Sarrafoğlu, Ela Naz Birdal and Seren Anaçoğlu filed a lawsuit against President Recep Tayyip Erdoğan and the Ministry of Environment, Urbanization and Climate Change before the Council of State (the highest administrative court in Türkiye) on 8 May 2023.

The plaintiffs claimed that Türkiye’s NDC is inadequate under the Paris Agreement and that the resulting increase in CO2 emissions violates their human rights under the country’s constitution, the United Nations Convention on the Rights of the Child, and the European Convention on Human Rights. The rights they claimed had been violated included: the right to life, the right to intergenerational equality, the right to the protection of one’s private life, the right to health, cultural rights, the right to develop one’s material and spiritual existence, the right to live in a healthy and balanced environment, the right to education, the right to work, and the right to healthy food and water. Because of the alleged inadequacy of the NDC under the Paris Agreement, they demanded its annulment and the creation of a more ambitious commitment.

Status of Case:

On 22 December 2023, The Wave reported that the Council of State had dismissed this case without examining it, arguing that the NDC did not constitute an administrative act and was accordingly not open to judicial annulment.

Further reading:

News Article by PAMACC: https://www.pamacc.org/index.php/k2-listing/item/1440-president-recep-erdogan-of-turkey-sued-for-slow-implementiion-of-the-paris-agreement

News Article by the Turkish human rights press agency “Bianet”: https://bianet.org/haber/young-climate-activists-file-lawsuit-against-erdogan-over-inadequate-emission-goals-278474

Date last updated:

22 December 2023.

Categories
Australia Children and young people Climate activists and human rights defenders Emissions reductions/mitigation Indigenous peoples rights Right to a healthy environment Right to culture Right to education Right to health Right to life Right to subsistence/food Uncategorized

Environmental Justice Australia (EJA) v. Australia

Summary:

In October 2021, Environmental Justice Australia (EJA) filed a complaint with three Special Rapporteurs of the United Nations High Commissioner for Human Rights. This complaint was made on behalf of five young individuals residing in Australia and pertains to the ‘human rights harms’ caused by the Australian government’s Nationally Determined Contribution (NDC) and its perceived inaction regarding climate change. EJA alleges that the Australian government is breaching international agreements, such as the Paris Agreement, and various United Nations instruments, including the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights of Indigenous Peoples.

Claim:

The claim in this case asserts that the Australian government’s actions, particularly its NDC and its inaction on climate change, violate international agreements and human rights obligations. The complaint argues that these actions infringe upon several United Nations instruments, including the Paris Agreement, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights of Indigenous Peoples. The complainants contend that the government’s contributions to climate change potentially violate fundamental rights, including the right to health, life, family relations, an adequate standard of living, education, freedom from violence or exploitation, and the right to a clean, healthy, and sustainable environment. They also assert that these actions disproportionately impact young people, First Nations peoples, and individuals with disabilities, thus violating their rights as recognized in international law. The claim in the petition urges the Special Rapporteurs to intervene by seeking clarification from the Australian government regarding the alignment of its NDC with its human rights obligations and its consistency with a 1.5-degree climate pathway. It also requests an explanation of how the government’s NDC decision-making process has engaged young people in Australia. The claim further calls on Australia to establish a 2030 emissions reduction target that complies with its human rights obligations, especially regarding the rights of young people and the complainants.

Links:

The complaint is accessible for download here and below.

20211025_14762_complaintDownload

Status of the case:

Pending.

Suggested citation:

Environmental Justice Australia (EJA) v. Australia, United Nations Special Rapporteurs, 25 October 2021 (United Nations).

Last updated:

03 November 2023.

Categories
Domestic court Emissions reductions/mitigation European Convention on Human Rights Paris Agreement Private and family life Right to a healthy environment Right to health Right to life Right to property Romania

Declic et al. v. The Romanian Government

Summary:

In January 2023, Declic (a prominent Romanian NGO) alongside a number of individuals initiated Romania’s first-ever climate lawsuit against the government, specifically targeting Prime Minister Nicoale Ciucă and the Ministers of Environment and Energy. The lawsuit alleges that the government has failed to implement adequate measures to address and mitigate the foreseeable risks associated with the climate crisis, violating its legal obligations under the Paris Agreement. The plaintiffs are seeking fines for each day of government inaction and demanding a court order mandating immediate and comprehensive actions to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 levels, achieve climate neutrality by 2050, and increase the share of renewable energy in final energy consumption to 45% while improving energy efficiency by 13% by 2030.

Claim:

The plaintiffs assert that the government is in breach of its duty of care by applying insufficient greenhouse gas reduction targets for 2030, falling well below the EU-wide reduction goal of 55% below 1990 levels. They argue that the absence of annual carbon budgets and mechanisms for monitoring and reporting progress towards climate goals hinders the meaningful assessment of the government’s measures to limit global warming to 1.5 degrees Celsius. Furthermore, the lawsuit questions whether the measures taken by the government are sufficient to prevent climate change from becoming dangerous to humanity and the environment, considering the discretionary power of the government. The plaintiffs also challenge whether the government’s climate mitigation and adaptation measures meet objective standards and pass reasonableness tests set by international bodies like the UN Committee on Economic, Social and Cultural Rights. Finally, the court is called upon to determine whether the government’s measures are compatible with the rights and freedoms guaranteed by the Romanian Constitution and the European Convention on Human Rights, including the right to life, privacy, property, health, and a healthy and ecologic environment.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

The case is currently pending before the Cluj Court of Appeal of Romania.

Suggested citation:

Declic et al. v. The Romanian Government (Cluj Court of Appeal, Romania, filed January 2023).

Last updated:

03 November 2023.