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Climate activists seek development human rights court judgment against European states

The European Court of Human Rights (ECtHR) decides on Tuesday whether inadequate government action on climate modification can total up to a human rights violation, in three judgments that could provide legal take advantage of to environment activists across the continent.

The cases before the 17-judge panel in Strasbourg, France, join a growing pattern of communities bringing climate suits versus governments with arguments resting on human rights law.

A success in any one of them might force more national policy changes to keep nations in line with the worldwide concurred target of limiting warming to 1.5 degrees Celsius (2.7. Fahrenheit).

In the first, submitted in 2020, six young Portuguese accuse the. 32 countries that are Europe's leading emitters of greenhouse. gases of stopping working to avoid devastating worldwide warming, which. they say threatens their right to life. They do not request. monetary compensation, but for governments to drastically cut. emissions.

More than 2,000 elderly Swiss females argue that their. government's woefully inadequate efforts to eliminate the heating. of the planet put them at risk of dying during heatwaves. They. look for a judgment that could force Bern to cut fossil fuel emissions. much faster than prepared.

In the last case, Damien Carême, former mayor of the French. commune of Grande-Synthe, is challenging Paris's rejection to take. more enthusiastic procedures to cut environment modification.

All 3 cases were heard by the ECtHR's top bench, the. Grand Chamber, in 2023.

Some of the federal governments argue the cases are inadmissible. Switzerland has stated it is not the ECtHR's job to be supreme. court on ecological matters or to implement climate treaties.

CLIMATE LITIGATION BROADENS

A verdict in favour of the plaintiffs might set a precedent. for the 46 signatories of the European Human Rights Convention.

Depending on the judgment, nations may need to upgrade. their plans for checking climate-warming emissions in the near. term. Failure to comply could lead to further nationwide. lawsuits, and courts could provide punitive damages.

The rulings, which can not be appealed, are also most likely. to serve as a guide for the fast-growing field of environment. lawsuits.

In the last 5 years, the number of climate-related court. cases filed around the world has more than doubled, according to. a 2023 report by the U.N. Environment Program and New york city's. Columbia University.

It's not like tort law that has hundreds of years of. precedent, said Ruth Delbaere, legal campaigns director at. global civic motion Avaaz. This is sort of new, and so judges. and courts are taking a look at each other.

Three other global tribunals-- the International. Court of Justice, the Inter-American Court of Human Being Rights and. the International Tribunal for the Law of the Sea-- are. currently writing advisory opinions on states' responsibilities on. environment modification.

This ruling will probably have a ripple effect. across the world, not simply Europe but everywhere, Delbaere. said.

(source: Reuters)