Today, the Commissioner published her written observations to the European Court of Human Rights concerning the case of Cláudia Duarte Agostinho and others v. Portugal and 32 other States which relates to the negative impact of climate change on a range of human rights, in particular those of younger generations.
Noting the pronounced impact of environmental degradation and climate change on human rights, the Commissioner argues that international environmental and children’s rights law instruments should play a significant role in defining the scope of states’ obligation to prevent human rights violations caused by environmental harm. She considers that the European Convention on Human Rights encompasses many elements of the right to a healthy environment, providing a solid legal framework to protect victims of climate change, and emphasises the importance of the right to a remedy, pointing to the barriers faced by these victims in accessing justice.
The Commissioner concludes that “the increasing number of climate change-related applications provide the Court with a unique opportunity to continue to forge the legal path towards a more complete implementation of the Convention and to offer real-life protection to individuals affected by environmental degradation and climate change.”