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Duarte Agostinho et al. v. Austria et al.

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 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.

Domestic proceedings:
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.

Admissibility:
Pending

Merits:
Pending

Remedies:
Pending

Separate opinions:
Pending

Implementation measures taken:
N/A

Date:
Pending

Type of Forum:
Regional

Status of case:
Communicated by the Court on 30 November 2020

Suggested case citation:
ECtHR, Duarte Agostinho and Others v. Portugal and 32 Other Member States, no. 39371/20, Communicated Case, 30 November 2020

Links:

For more information on the 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.

Categories
2019 Human Rights Committee New Zealand Non-refoulement Prohibition of torture Right to life

Ioane Teitiota v. New Zealand

Summary:

The applicant submitted that New Zealand had violated his right to life under the ICCPR by removing him to Kiribati, an island state where, he submitted, the situation was becoming increasingly unstable and precarious due to sea level rise caused by global warming. The HRC accepted the claim that sea level rise and climate change-related harms can trigger non-refoulement obligations, but found that there is still time to take measures to protect the population of Kiribati.

Admissibility:

Concerning the imminence of the risk faced, the Committee noted that the author was not alleging a hypothetical future harm, but a real predicament caused by a lack of potable water and employment possibilities, and a threat of serious violence caused by land disputes. The author had sufficiently demonstrated, for the purpose of admissibility, the existence of a real risk of harm to his right to life, given the impact of climate change and associated sea level rise on the habitability of Kiribati and on the security situation on the islands.

Merits:

The HRC found that environmental degradation can compromise the effective enjoyment of the right to life, and if severe it can violate that right. The Committee accepted the author’s claim that sea level rise is likely to render Kiribati uninhabitable. Without robust national and international efforts, the effects of climate change in receiving States may expose individuals to a violation of articles 6 or 7 ICCPR, thereby triggering the non-refoulement obligations of sending States. However, it noted that the time frame of 10 to 15 years, as suggested by the author, could allow for intervening acts by Kiribati, with the assistance of the international community, to take affirmative measures to protect and, where necessary, relocate its population.

Remedies ordered:

None

Separate opinions:

Yes

Implementation measures taken:

N/A

Date:

24 October 2019

Status of case:

final

Suggested case citation:

Human Rights Committee, Ioane Teitiota v. New Zealand, No. 2728/2016, Communication of 24 October 2019.

Full text:

For the full-text of the decision in the case, click here.

Further reading:

Adaena Sinclair-Blakemore, ‘Teitiota v New Zealand: A Step Forward in the Protection of Climate Refugees under International Human Rights Law?’ Oxford Human Rights Hub, 28th January 2020, https://ohrh.law.ox.ac.uk/teitiota-v-new-zealand-a-step-forward-in-the-protection-of-climate-refugees-under-international-human-rights-law/

Keywords:

climate refugees, affectedness, non-refoulement