Challenges of the Knowledge Society (May 2024)
CLIMATE CHANGE AND THE MOST RECENT ECtHR GRAND CHAMBER RULINGS
Abstract
Climate change is a reality that is already threatening our existence, and it could not be ignored anymore. Every day, on television, at the radio, at work, on the streets, in schools and universities, at home, we discuss about climate change and its effects on our planet and on our lives. The politicians and the governments worldwide are addressing this matter more or less, but from the decisions taken, we can easily notice that the measures taken (if they are taken) are not sufficient to counteract climate change. Therefore, in our opinion, states worldwide are failing to do what is necessary to counteract climate change. Through the state’s actions or, even worse, their inaction, on one part, they violate human rights, and, on the other part, they decrease the chances of ensuring a bright future that is worth living for the future generations on earth. This is why, nowadays, more and more people, worldwide, young or elder, living in a state at risk or not, are taking these states to court, arguing that their individual rights were violated because of the States’ failure to take sufficient measures to combat climate change. Since 2021, for the first time, the European Court of Human Rights in Strasbourg was faced with the responsibility of holding CoE Member States accountable for violating human rights by not taking such sufficient measures - in Duarte Agostinho and Others v. Portugal and Others and in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. On April 9th, 2024, ECtHR has delivered its Grand Chamber rulings in these two climate change cases. This study will attempt to analyse the legal consequences of these rulings. What is the Strasbourg Court vision on climate change?
