Last year, the European Court of Human Rights (ECHR) heard a complaint from six young Portuguese individuals against 32 countries, accusing them of insufficient action to combat climate change. This case, known as “Duarte Agostinho and Others vs. Portugal and Others,” was deemed inadmissible at the time because the youths had not first brought the matter to national courts.
Currently, with the support of a non-governmental organization called Último Recurso, established in 2022 to leverage legal measures to hold major climate crisis contributors accountable, four of the six youths are set to file a complaint against the Portuguese state.
The aim is to legally compel Portugal to align its greenhouse gas emission reduction targets with those of the Paris Climate Agreement.
Último Recurso and the youths aim to lodge a case against Portugal in court within the year, seeking increased greenhouse gas reduction targets for the country, explained Mariana Gomes, the founder and president of the organization.
Gomes mentioned that the timeline for results depends on the urgency assigned to the case, noting that a previous action against Portugal in November 2023, due to non-compliance with the Climate Base Law, could have had a response within four months.
According to Mariana Gomes, a favorable outcome would involve Portugal changing its current 55% emissions reduction target by 2030 to 61% by the same year.
A report by the non-governmental organization Climate Analytics indicates that if all countries adopted targets similar to Portugal’s, the planet could warm by between 2ºC and 3ºC by 2100.
“Two to three degrees could be catastrophic. That’s happening now but could worsen,” commented Mariana Gomes. She added, “By 2100, we’ll still be here, along with our children and grandchildren. This is not the planet we want to leave them.”
Besides securing a court decision forcing the state to align its greenhouse gas reduction targets with the Paris Agreement goals, the youths demand long-term plans for carbon neutrality.
On April 9, 2024, the ECHR adjudicated three climate cases (Duarte Agostinho, Verein KlimaSeniorinnen Schweiz and Others vs. Switzerland, and Carême vs. France), ruling in favor of the KlimaSeniorinnen case.
For the Portuguese youths, the court deemed the case “inadmissible,” noting the applicants had not approached national courts first, and the other 31 states did not have “extraterritorial obligations” to the applicants.
Último Recurso now seeks, alongside the four youths, an increased ambition in Portugal’s climate targets. When asked by Lusa if Portugal was already ambitious enough, Mariana Gomes replied negatively.
Gomes stated that Portugal’s emissions are on the rise, with substantial energy expansion, “suggesting the country may not even achieve the 55% reduction by 2030.”
If successful, this would set an unprecedented legal precedent. The association is also promoting a fundraising campaign to support the legal action against the Portuguese state.
The statement from Último Recurso expresses hope that the initiative will spark a debate in Portugal regarding suitable parameters for greenhouse gas reduction, aiming to craft more ethical and committed climate policies for current and future generations.
Cláudia Duarte Agostinho, one of the applicants in the ECHR case, stated, “Last year, the European Court of Human Rights told us to take the case against the Portuguese government’s weak climate targets to national courts. That’s why we’ve joined Último Recurso today. We are as determined as ever to continue our fight for a habitable future.”
Mariana Gomes further remarked to Lusa, “This is about safeguarding the lives of the Portuguese people. That is not being secured. We want the law to be upheld and our rights protected.”
