Categories
Access to a remedy Austria Emissions reductions European Convention on Human Rights European Court of Human Rights Fair trial Paris Agreement Private and family life Right to life Victim status Vulnerability

Unknown v. Austria

Summary:
On 25 March 2021, a yet-uncommunicated application was filed before the European Court of Human Rights concerning the impact of climate change (specifically, temperature increases) on an applicant suffering from temperature-sensitive multiple sclerosis and Uhthoff’s syndrome. The applicant alleges a violation of his rights under Article 8 ECHR by the failure by the Austrian government to set effective greenhouse gas emissions reduction measures.

The applicant alleged in particular that, at temperatures above 25 degrees Celsius, he is no longer able to walk, and that above 30 degrees Celsius, he loses complete control over his muscular movement. The applicant alleged that, by failing to sufficiently reduce its emissions to meet the goals set out in the Paris Agreement, the respondent State had not only made it impossible to meet the 1,5 degree Celsius warming target set out therein, but had even actively taken measures to exacerbate the climate crisis, including through subsidies and incentives. The applicant also alleged that the domestic State’s legal system systemically impeded him from challenging the climate policies at stake, and the government’s inaction in this regard.

He invoked the right to respect for private and family life in Article 8 ECHR, and subsidiarily the right to life in Article 2 ECHR, as well as the rights to access to a remedy and fair trial in Articles 13 and 6 ECHR.

Date:
pending

Adjudicating Body:
European Court of Human Rights

Status of case:
pending

Admissibility:
pending

Merits:
pending

Remedies:
pending

Separate opinions:
pending

Implementation measures taken:
N/A

Suggested case citation:
European Court of Human Rights, Unknown v. Austria, application filed on 25 March 2021

Keywords:
global warming, vulnerability, multiple sclerosis, European Court of Human Rights, health impacts, vulnerability, disability

Links:
For the last-instance domestic judgment in this case, see here: https://www.vfgh.gv.at/downloads/VfGH_Beschluss_G_144_2020_vom_30._September_2020.pdf

For the full text of the application to the Court, see here: https://www.michaelakroemer.com/wp-content/uploads/2021/04/rechtsanwaeltin-michaela-kroemer-klimaklage-petition.pdf

Categories
2021 Access to a remedy Children and young people European Court of Justice Non-discrimination Private and family life Right to life Victim status

Armando Carvalho and Others v. Parliament 

Summary:
This case, also known as ‘The People’s Climate Case’, was brought by families from different Member States of the European Union. The families, who are active in the agricultural or tourism sectors, brought the case to the General Court of the European Union together with a Swedish association representing young indigenous people. They claimed that the measures to reduce greenhouse gas emissions that had been laid down by a legislative package from 2018 were not far-reaching enough. They demanded stricter measures: the aim should be to reduce greenhouse gas emissions by at least 50 – 60% by 2030, when compared to 1990 levels. In doing so, the applicants argued that an insufficient reduction in greenhouse gas emissions infringed their fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union, namely the right to life (Article 2), the right to the integrity of the person (Article 3), the rights of the child (Article 24), the right to engage in work and to pursue a freely chosen or accepted occupation (Article 15), the freedom to conduct a business (Article 16), the right to property (Article 17) and the right to equal treatment (Articles 20 and 21).

The General Court declared the action inadmissible because the claimants had no locus standi. The claimants appealed to the Court of Justice. They claimed that the Court should set aside the order under appeal, declare the actions at first instance admissible, and refer the case back to the General Court. The Court of Justice dismissed the appeal. The Court held that the claim that an act of the EU infringes fundamental rights is not sufficient to establish admissibility of an action brought by an individual.

Deciding body:
European Court of Justice (European Union)

Date of resolution:
25 March 2021

Admissibility:
The General Court declared the action inadmissible because the claimants did not satisfy any of the locus standi criteria under its strict ‘Plaumann’ test. The Court held that the claimants were not individually concerned, because they were not the addressees of the acts at issue. The Court of Justice dismissed the appeal, and emphasized that the mere fact of alleging that a legal act of the Union infringes fundamental rights does not mean that an individual’s action is admissible; otherwise the meaning of the admissibility requirements laid down in the TFEU would be meaningless. According to the case-law of the Court of Justice, the European Union courts cannot, without exceeding their powers, deviate from the express provisions of the TFEU, this also applies to the fundamental right to effective judicial protection enshrined in the Charter of Fundamental Rights of the European Union

Full text
The full text of the decision is available here.

Further reading:
On the 2019 decision on the case by the General Court, see Gerd Winter, ‘Armando Carvalho and Others v. EU: Invoking Human Rights and the Paris Agreement for Better Climate Protection Legislation’ 9(1) Transnational Environmental Law (2020), 137-164, available here.

Suggested case citation:
ECJ, Armando Carvalho and Others v. The European Parliament and the Council, no. C-565/19 P, Judgment of 25 March 2021.


Categories
Access to a remedy Indigenous peoples' rights Inter-American Human Rights System Nicaragua Right to property

Mayagna (Sumo) Awas Tingni Community v. Nicaragua

Summary:
The Awas Tingni community, an indigenous community of the Atlantic Coast of Nicaragua, had no real property title deed to its ancestral lands. The community contested a concession to a corporation to carry out road construction work and logging exploitation in the forest where the community was located. The community requested that no further steps be taken to grant the concession without the consent of the community. Before the Inter-American Commission on Human Rights, the community argued that the State did not ensure access to an effective remedy, nor obtain the community’s consent before granting the concession on the community’s land. Moreover, it contended that the state had not demarcated the communal lands of the Community.

The Inter-American Court of Human Rights found that the Nicaraguan State had violated the American Convention on Human Rights, specifically the right to judicial protection under Art. 25 in connection with Art. 1(1) and 2 of the Convention, as well as the right to property under Art. 21 in connection with Art. 1(1) and 2 of the Convention.

Date of judgment:
31 August 2001

Rights invoked:
Art. 1 (obligation to Respect Rights), Art. 2 (domestic Legal Effects), Art. 21 (right to property) and Art. 25 (right to judicial protection) of the American Convention on Human Rights

Merits:
Regarding art. 25 of the American Convention on Human Rights, the Court held that the State had not adopted adequate domestic measures for delimination, demarcation and titling of the community’s land. Moreover, the State had failed to process the remedy filed by the community within a reasonable time. Therefore the Court held that Nicaragua had violated art. 25. The Court also ruled that the State had not effectively delimited and demarcated the limit of the territory regarding which the community had property rights. As a consequence, the community did not know with certainty how far their property extended geographically. The Court determined that Nicaragua had violated art. 21 of the Convention (right to property).

Remedies:
The State was required to adopt, in its domestic law, pursuant to art. 2 of the American Convention on Human Rights, legislative, administrative and any other measures necessary to create an effective mechanism for delimination, demarcation and titling of the property of indigenous communities. Moreover the State was requires to carry out the delimination, demarcation and the titling of the corresponding lands of the members of the community. The Court also noted that its judgment constituted a form of reparation. In addition, the State was required to invest, as a form of reparation for immaterial damages, in works or services of collective interests to the benefit of the community, as well as being required to pay the community 30’000 dollars for costs and expenses regarding the proceedings.

Separate opinions:
See the dissenting opinion of Judge Montiel Argüello regarding the violation of Arts. 21 and 25.

Suggested case citation:
IACtHR, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment of 31 August 2001