Climate action by Portuguese youth before the European Court of Human Rights: States plead inadmissibility

Climate action by Portuguese youth before the European Court of Human Rights: States plead inadmissibility

On 27 September 2023, the highly anticipated hearing of the Portuguese Youth Six took place before the European Court of Human Rights (ECHR) against 33 European countries. (1) For climate inaction. They filed their appeal in 2020, arguing that this inaction constituted a violation of their right to life.

This case is part of other climate cases pending before the European Court of Human Rights: the case of Damien Carème, former mayor of Grand-Synthes, and the case of the Swiss grandmothers, whose hearings took place on 29 March. However, it is distinguished by the number of defendants, as the other two cases concern only the country of the applicants, France for Damien Carem, and Switzerland for the Sheikhs.

During the hearing, the countries concerned defended the inadmissibility of the application submitted before the Grand Chamber. They used various arguments, most notably those thatPopular action (2) barred before the Court, but also not exhausting the remedies, since no previous appeal had been initiated before the Portuguese National Court.

but ” Forbidden Article 1 (3) Its sting means that the agreement has no role to play in addressing the biggest crisis that Europe and the world have ever faced “, confirmed Alison McDonald, one of the lawyers representing the young applicants.

Corinne LePage, a lawyer representing Damian Carem, admitted that the case of the young Portuguese man raises “ There are even more important issues of admissibility as long as no prior appeal has been filed and thus exhaustion of appeals cannot be observed. “But for her too.” To recognize a narrow interpretation of admissibility would, for the European Court of Human Rights, exclude its jurisdiction in the area most vital to humanity. “.

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It will be necessary to wait several months for the court to issue its decision. This should be done in conjunction with the issues of Damien Carem and the Swiss grandmothers.

The article was published on September 28, 2023

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About the Author: Germano Álvares

"Desbravador de cerveja apaixonado. Álcool alcoólico incurável. Geek de bacon. Viciado em web em geral."

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