How children are taking European states to court over the climate crisis – and changing the law

(The Conversation, 8 Apr 2021) Even before Greta Thunberg launched her school strike for climate at age 15, youth activists have been key players in public action on the climate crisis. Now they’re breaking new ground in court.

On November 30, six Portuguese children and young peoplebrought a historic court case to the European Court of Human Rights (ECHR). Dubbed Duarte Agostinho and Others v. Portugal and Others – or the Agostinho case, for short – it argues that those states which fail to solve the climate crisis are breaching human rights.

In an exciting development last December, the ECHR agreed to fast track the case. The 33 European states - including the UK (which, post-Brexit, remains part of the ECHR system), France and Germany - now have to respond with information about how they will reduce the greenhouse gas emissions that are destabilising the climate.

This case is part of a growing body of systemic climate litigation, which targets broad state policies. Much of it involves youth applicants for a number of reasons, including the fact that so many children and young people are climate-educated and tech-savvy. Unlike other cases, however, this particular application makes the key argument that states are engaging in youth discrimination.

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The Conversation, 8 Apr 2021: How children are taking European states to court over the climate crisis – and changing the law