ECtHR Turns Up The Heat On Convention Members To Adequately Mitigate The Risks Of Climate Change

The Grand Chamber of the European Court of Human Rights (ECtHR) has handed down its decision in three high-profile climate litigation cases relating to violations of the European Convention on Human Rights (the ECHR) (i) Duarte Agostinho and Others v Portugal¹ (Duarte); (ii) Carême v France² (Carême); and (iii) KlimaSeniorinnen v Switzerland³ (Klima). <8strong>

We summarise below the ECtHR's decision in each case and consider the potential impact on future climate-related claims in England.

Duarte

Six children and young adults argued that Portugal and 32 other signatory states had breached the ECHR by failing to cut greenhouse gas emissions in line with their obligations under the Paris Agreement. The applicants alleged that the respondent states collectively had contributed to global warming and, in turn, heatwaves and wildfires that have affected their lives, well-being, mental health and the amenities of their home. They did not pursue any claim in