Upset at climate inaction, young people gird for European court battle
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[August 23, 2023]
By Catarina Demony
LISBON (Reuters) - Dismayed at what they see as government7 inaction
over climate change, especially after deadly wildfires hit their country
in 2017, six young people from Portugal are taking 32 European countries
to court.
A month away from being heard by the European Court of Human Rights (ECHR),
they hope their legal battle will inspire others to demand environmental
justice worldwide.
The case - filed in September 2020 against the 27 EU member states as
well Britain, Switzerland, Norway, Russia and Turkey - seeks a legally
binding decision that would force the governments to act against climate
change.
It is one of the first such cases to be heard before the court, where
citizens say inaction has violated their human rights. It could result
in orders for governments to cut carbon dioxide emissions faster than
currently planned.
The hearing is scheduled for Sept. 27.
"We just want them (governments) to stick to the treaties and do what
they promised they would do," said 15-year-old Andre Oliveira, one of
the six applicants, pointing to the 2015 Paris Agreement on cutting
emissions to limit global warming to 2 degrees Celsius and aim for 1.5C.
Current policies would fail to meet either goal.
Extreme weather has caused havoc in many countries around the world over
the past several months, with record temperatures sparking wildfires,
water shortages and a rise in heat-related hospital admissions.
With the support of the UK-based Global Legal Action Network (GLAN), the
Portuguese applicants argue climate change threatens their rights to
life, privacy, mental health and other matters.
Oliveira, who will soon start high school and loves the outdoors, said
many in his generation do not know if they want to have children because
of climate change, and that he often cannot play outside due to
sweltering heat.
His sister, 18-year-old Sofia, said she has suffered from a condition
known as eco-anxiety: "When I found out what was happening... and seeing
it was starting to get worse, it really upset me."
'EYE-OPENER'
Clinical psychologist Elizabeth Marks, a specialist on climate distress,
said a global survey found that over half of young people feel "sad,
afraid, angry, powerless, helpless and guilty" due to climate change and
a lack of action to tackle it.
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Andre, 15 and Sofia Oliveira, 18 pose
for a picture in Almada, Portugal, July 29, 2023. REUTERS/Pedro
Nunes
"They feel like they are being let down - repeatedly - by the people
that should be helping them and protecting them," Marks said.
Case applicant Claudia Duarte, 24, from Portugal's Leiria region
where two wildfires killed over 100 people in 2017, said they were
an "eye-opener" on the consequences of climate change.
Her 11-year-old sister had suffered from anxiety after the fires.
"It's hard to see children suffering with anxiety for something that
they have no control over," said Duarte, who is a nurse.
One of the applicants' lawyers, Gerry Liston from GLAN, believes
their chances of success are high as "all the signals so far from
the court have been extremely positive", including its fast-tracking
of the case as an urgent and important matter.
He acknowledged that "taking on the legal teams of over 30 very
well-resourced countries" would not be easy, but said an "explosion
of climate cases" occurring in Europe and beyond should eventually
force governments to act.
Asked if the ECHR would be able to ensure all countries complied
with its decision in case the applicants won their case, Liston said
the verdict the legal team was hoping for would be enforced at
national levels.
"The judgment we seek would give national courts a roadmap for
compelling governments in Europe to act in this way."
Catarina Mota, 22 and also from Leiria, hopes the case will inspire
others: "It's not just a case for the six of us...If we can impact
and inspire people, we are already doing something for a better
world."
(Reporting by Catarina Demony and Miguel Pereira; editing by Andrei
Khalip and Mark Heinrich)
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