STRASBOURG, France — Europe's highest human rights court ruled Tuesday that its member nations have an obligation to protect their citizens from the ill effects of climate change, but still threw out a high-profile case brought by six Portuguese youngsters aimed at forcing countries to reduce greenhouse gas emissions.
The European Court of Human Rights sided with more than 2,000 Swiss members of Senior Women for Climate Protection, who also sought such measures in a mixed session of judgements in which a French mayor similarly seeking stronger government efforts to combat climate change was also defeated.
Lawyers for all three had hoped the Strasbourg court would find that national governments have a legal duty to make sure global warming is held to 1.5 degrees Celsius (2.7 degrees Fahrenheit) above pre-industrial levels, in line with the goals of the Paris climate agreement.
"I really hoped that we would win against all the countries, so obviously I'm disappointed that this didn't happen," said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. "But the most important thing is that the Court has said in the Swiss women's case that governments must cut their emissions more to protect human rights. So, their win is a win for us, too, and a win for everyone!"
In a reference to its fundamental Convention of Human Rights, "the court found that Art. 8 of the Convention encompasses a right for individuals to effective protection by the state authorities from the serious adverse effects of climate change on their lives, health, well-being and quality of life."
Judgments from the European Court of Human Rights set a legal precedent against which future lawsuits would be judged in the Council of Europe's 46 member states.
Although activists have had successes with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change.
"This is a turning point," said Corina Heri, an expert in climate change litigation at the University of Zurich. She said Tuesday's decision confirms for the first time that countries have an obligation to protect people from the effects of climate change and will open the door to more legal challenges.
