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Czechia Domestic court Emissions reductions European Convention on Human Rights Paris Agreement Right to a healthy environment

Klimatická žaloba ČR and others v. Czechia

Summary:
This case was brought by a group of applicants, named in the brief as the climate action NGO Klimatická žaloba ČR, a municipality, two peasants, several foresters, and a man from Prague who suffers from environmental anxiety. The case was brought on 21 April 2021, and alleges that the Government’s failures to adequately address climate change violate the rights to life, health, a healthy environment, and other rights guaranteed by the Czech constitution, the EU’s Charter of Fundamental Rights, and the European Convention on Human Rights.

The applicants seek a declaration that the Czech government failed to respect their rights by ensuring sufficient emissions reductions to meet the Paris Agreement’s targets. They seek an order setting the Czech carbon budget at 800 Mt CO2 from January 2021 until the end of the century.

Date filed:
21 April 2021

More information:
The complaint is available here (in Czech).

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Duarte Agostinho et al. v. Austria et al.

Summary:
This case was brought by a group of young people who are part of Youth for Climate Justice against 33 Council of Europe Member States. The applicant young people claim that their right to life is threatened by the effects of climate change in Portugal (e.g. forest fires). Moreover they claim that their right to privacy includes their physical and mental wellbeing, which is threatened by heatwaves that force them to spend more time indoors; and that as young people, they stand to experience the worst effects of climate change.

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.

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:
https://youth4climatejustice.org/

The applicants in the case have set up two websites to share documents related to the case.

       – To see all of the third party interventions filed in the case to date (eight in total), click here.

       – To read the state observations of the 33 respondent states in this case, click here