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

Giudizio Universale (The Last Judgment) (A Sud v. Italy)

Summary:
In June 2021, the Giudizio Universale (The Last Judgment) campaign, coordinated by the environmental justice NGO A Sud, filed a suit before domestic courts in Italy. The suit, which involves more than 200 plaintiffs, alleges that the Italian government has violated fundamental rights due to its failure to take appropriate measures to meet the emissions reductions targets in the Paris Climate Agreement. violating fundamental rights, including the right to a stable and safe climate. The plaintiffs seek an order that the Italian government must cut emissions by 92% by 2030 as compared to 1990 levels. The applicants argue that although some emissions reductions have been achieved since 1990, these amount to only about a 29% reduction as compared to 1990 levels. The applicants submit that this level of reduction is incompatible with the ‘fair share’ of emissions reductions that Italy must implement to meet the 1.5°C target of the Paris Agreement.

Among other rights, the applicants invoke the human right to a stable and safe climate. In their submissions, they base this right on Article 6 of the Treaty of the European Union as well as Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights. Although there is no explicit right to a healthy environment in the ECHR, the European Court of Human Rights has an extensive environmental jurisprudence, having decided more than 300 cases with an environmental connection.

Date filed:
5 June 2021

Jurisdiction:
Civil Court of Rome

Further reading:
A summary of the legal action is available here (in Italian).

An English-language summary has been provided here.

Categories
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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.