EDINBURGH, SCOTLAND – MARCH 15: School children hold placards and shout slogans as they participate … [+] in a protest outside the Scottish Parliament on March 15, 2019 in Edinburgh, Scotland. Students around the world took to the streets on March 15 to protest a lack of climate awareness and demand that elected officials take action on climate change. (Photo by Jeff J Mitchell/Getty Images)
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On October 23, the Council of Europe made a series of recommendations to member states to address the concerns of young people and climate change. The resolution addresses the actions countries should take, including the involvement of youth in climate change policy decisions, addressing the mental health of youth relating to climate change concerns, and protecting the right to protest. Notably, the resolution also affirms recent opinions by the European Court of Human Rights that establishes protection from climate change as a human right under CoE treaties.
The Council of Europe, formed in 1949, is an intergovernmental organization focused on human rights, democracy, and the rule of law. The CoE is sometimes confused with the European Council, the primary governing body of the European Union. However, they are independent and unrelated bodies.
In 1950, the CoE adopted the European Convention of Human Rights, an international treaty drafted to protect human rights and liberties. As is standard in international treaties, an enforcement mechanism must be established to allow for legal challenges. Section II of the Convention called for a European Court of Human Rights. The ECtHR, also known as the Strasbourg Court, was initially established in 1959. It rules on individual or State applications alleging violations of the civil and political rights set out in the convention.
While the CoE and the ECHR are focused on human rights, it has not been absent in the climate change discussion. There is a growing movement in climate change circles to tie the protection from the impacts of climate change to human rights. Climate activists have made efforts to amend the ECHR to include the protection as a human right under the treaty. While those efforts have not yet met with success, they found success in the court.
In April, the ECtHR issued an opinion on Verein KlimaSeniorinnen Schweiz and Others v. Switzerland finding that protection from the effects of climate change is a human right under the Convention. The opinion was limited in scope, but indicated the broader thinking of the Judges and will invite more climate litigation.
While there are lingering questions as to the full repercussions of the ruling, the CoE continues to take an active role in the climate change debate. In a resolution passed on October 23, the Committee of Ministers of the CoE adopted a recommendation, what they bill as the first international text on this topic, outlining responsibilities of states and legal protections relating to youth and climate issues.
The resolution states: “This recommendation aims to address the challenges faced by all young people, and in particular young environmental defenders, especially when advocating for a clean, healthy and sustainable environment, including challenges to the exercise, enjoyment and fulfilment of their fundamental civil, political, economic, social and cultural rights. Climate action is one of the top priorities of young people in Europe. Youth participation in decision-making processes improves the effectiveness of climate policies and young people need to be given the necessary support and resources for their climate advocacy, and adequate social and legal protection.”
The resolution cites the protections found in the ECHR, “such as the right to life (Article 2), the right to respect for private and family life (Article 8), the right to respect for home (Article 8) and the right to protection of property (Article 1 of Protocol No. 1 to the Convention, ETS No. 9) in the context of the anthropogenic emission of greenhouse gases that cause global warming, which in turn have profound adverse effects, including on youth.”
Further, the CoE calls on the protection or rights of expression, assembly, and the right to a fair trial. They call for additional training for law enforcement and members of the judiciary on these rights as they apply to climate protests. This statement comes after various climate activists have been arrested throughout Europe.
Looking at the economics of climate change, the resolution calls for an investment in green jobs, education, and the development of green skills.
The resolution also addresses the mental health impacts of climate change on youth. It encourages member states to “take necessary measures to mitigate the harmful consequences of the climate crisis on young people’s health, both physical and mental; support independent and reliable research into the phenomenon of eco-anxiety, its treatment and care, and other adverse effects of the climate crisis on youth to develop knowledge, dedicated services and resources to support young people”
While the resolution is non-binding, using phrasing that encourages rather than dictates action, it establishes a strong legal argument that member states are obligated to take actions under the ECHR. Additionally, the CoE affirms and references the ECtHR decision from April. Expect the resolution to be a blueprint for future litigation before the court.