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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:

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
2020 Domestic court Emissions reductions European Convention on Human Rights Ireland Paris Agreement Private and family life Right to life

Friends of the Irish Environment v. Government of Ireland

Summary:
In this case, brought before the Irish Supreme Court by the environmental activist group Friends of the Irish Environment, the Supreme Court quashed the Irish National Mitigation Plan of 2017 on the grounds that it was incompatible with the Irish Climate Action and Low Carbon Development Act 2015 (the 2015 Climate Act). The Supreme Court ordered the creation of a new, Climate Act-compliant plan.

Facts:
The case was premised on evidence that Ireland was set to miss its 2030 mitigation targets by a substantial degree.

Domestic instances:
The applicant’s claim was unsuccessful before the High Court. After the High Court proceedings were concluded, the Irish Supreme Court agreed to hear the case directly, without first seizing the Court of Appeal with the case. In doing so, the Supreme Court noted the “general public and legal importance” of the case, and the fact that the seriousness of climate change, the climate science, and the emissions at stake were not contested.

Merits:
In a unanimous seven-judge judgment, delivered by Chief Justice Clarke on 31 July 2020, the Supreme Court found that the Mitigation Plan did not reach the level of detail required under the 2015 Climate Act and was ultra vires that Act.

However, the judges did not allow the applicants’ rights-based arguments. Because Friends of the Irish Environment was a corporate entity, it did not enjoy the right to life or bodily integrity under the ECHR and the Irish Constitution, and lacked standing to bring these claims. Chief Justice Clarke CJ accepted that constitutional rights could be engaged in environmental cases, but held that the Irish Constitution does not contain a right to a healthy environment.

Date of judgment:
31 July 2020

Suggested citation:
Supreme Court of Ireland, Friends of the Irish Environment v. The Government of Ireland and Others, Judgment of 31 July 2020, [2020] IESC 49.

Further reading:
Orla Kelleher, ‘The Supreme Court of Ireland’s decision in Friends of the Irish Environment v Government of Ireland (“Climate Case Ireland”)’ in EJIL Talk!, 9 September 2020.

The full text of the judgment is available here.