Preserving the present and posterity

Climate change is a mammoth problem affecting people of all age groups and gender, and it demands a collective response. In this battle for our planet's future, the grit and gumption displayed by six young activists from Portugal offer a beacon of hope. These youth have taken the fight to the European Court of Human Rights in Strasbourg, France, with a compelling argument — governments across Europe have failed to adequately address climate change, thereby violating the human rights of young people worldwide. This legal battle, known as Duarte Agostinho and Others v. Portugal and Others, was initiated in September 2020 in response to the devastating wildfires that struck Portugal's Leiria region in 2017, claiming 66 lives and decimating vast forests. This lawsuit highlights two critical aspects of the climate change battle that demand global recognition and action — the rights-based approach to climate change and the disproportionate impact on children. The United Nations Children's Fund (UNICEF) has rightly labelled climate change as a child rights crisis, with implications ranging from reduced academic performance to the disruption of school days. Just last month, the UN Committee on the Rights of the Child issued a comprehensive 20-page document asserting that all nations have a legal obligation to safeguard children from environmental harm, including regulating businesses that contribute to climate change, and to provide legal recourse for underage citizens. A 2021 Lancet study further revealed that climate anxiety and dissatisfaction with government responses to climate change are widespread among children and young people, significantly affecting their daily lives. In light of these developments, the plaintiffs in the case may have a valid argument that the passive nations have violated children's rights under the European Convention on Human Rights, including the right to life and the right to be free from inhuman or degrading treatment. However, the Portuguese and Irish governments have countered by claiming that there is no immediate evidence to prove that climate change poses a direct risk to human life or health. They also argue that climate policy is outside the jurisdiction of the European Court of Human Rights. The upcoming presentation of scientific evidence by the young plaintiffs, demonstrating that current global heating trends will result in a 3 degrees Celsius temperature increase within their lifetimes, could provide a solid legal foundation for the rights-based approach to climate change. This evidence may help to dispel the notion that climate change is not an immediate threat to human well-being. It is worth noting that this lawsuit is not an isolated case. As of 2022, there were more than 2,000 climate-related lawsuits filed in 65 countries, with many of them initiated by children and youth. This trend merits global attention and recognition. Only the aware citizens can nudge their governments to actively battle against the greatest challenge of this century — climate change. The decision of the European Court of Human Rights in this case will have far-reaching implications. It will serve as a guideline for numerous local courts and jurisdictions, setting a precedent for how governments and corporations can be held accountable for their role in exacerbating climate change and infringing on the rights of future generations. ECHR’s affirmative decision will have the potential to reshape the legal landscape surrounding climate action, encouraging other young activists to seek justice for the climate and future generations. The actions of these six youth from Portugal are a testament to the power of youth-led movements in the fight against climate change. They are demonstrating that young people are not only the most vulnerable to the impacts of climate change but also powerful advocates for change. Their determination to hold governments accountable for their climate inaction is inspiring and should serve as a call to action for citizens worldwide. In the face of such a colossal challenge as climate change, a rights-based approach is not only morally sound but legally imperative. Climate change affects us all, but it disproportionately burdens our youth, who will inherit the consequences of our actions or inaction. It is the duty of governments, businesses, and individuals to take meaningful action to mitigate climate change and protect the rights of future generations. The European Court of Human Rights must recognise the urgency of this issue and the vital role it plays in addressing climate change. Its decision will be closely watched by the global community, and it must serve as a catalyst for further legal action and concrete climate action measures. The youth of today are leading the way, and it is incumbent upon all of us to support their efforts and join the fight for a sustainable and just future. The time for action is now, and together we can make a difference in the battle against climate change.