Youth, Environmentalists' Arctic Oil Suit Advances in ECHR

Greenpeace

Strasbourg/Oslo – Today six young climate activists, Natur og Ungdom (Nature and Youth) and Greenpeace Nordic are submitting additional arguments to the European Court of Human Rights (ECtHR) in Strasbourg, France. In 2021 the parties filed an application to the ECtHR, challenging Norway's fossil fuel expansion in the Arctic region. Europe's highest court for human rights will assess whether Norway's fossil fuel expansion in the Arctic region violates human rights and a ruling could be issued later this year.

The organisations initially sued the Norwegian State before domestic courts in 2016, arguing that its decision to expand oil and gas extraction in the Arctic region in the midst of the climate crisis is in breach of the Norwegian constitution. After the Norwegian Supreme Court majority ruled against them in 2020, six young climate activists, Nature and Youth and Greenpeace Nordic filed an application to the ECtHR.[1]

"The ECtHR's review of our case highlights how climate change is affecting human rights. The human rights protected by the European Convention on Human Rights mean that all people are entitled to a livable and healthy climate, and Norway's Arctic fossil fuel expansion in the midst of a climate crisis is a complete violation of our rights. Norwegian fossil fuel policy is fueling the climate breakdown leading to extreme weather events claiming lives, wrecking homes and destroying livelihoods, cultures and depriving the youth of their future. This is both an environmental and a human rights issue affecting us all – we will resist to ensure not only our survival but a sustainable future for generations to come." said Frode Pleym, head of Greenpeace Norway.

The applicants argue that their government's continued oil and gas expansion in the Arctic region exacerbates climate change, and violates their right to life and right to private and family life, as protected under Articles 2 and 8 of the European Convention on Human Rights (ECHR). It also violates Article 14 of the ECHR by discriminating against youth, who face a lifetime of extreme weather events and climate anxiety, and against the Indigenous Sámi people, whose historical traditions and cultural rights face extinction.[2][3]

In April 2024, the ECtHR found for the first time ever that a State's climate inaction was in breach of human rights. In the case of KlimaSeniorinnen, Switzerland failed to adequately protect its residents from the dangerous consequences of climate change. The Norwegian applicants now ask the ECtHR to take the next logical step and hold that States are responsible for GHG emissions resulting from the combustion of their oil and gas exports, regardless of where the emissions occur.

"Since we filed the application with the ECtHR three years ago, the consequences of the fossil fuelled climate crisis have become more extreme. I am severely concerned about future generations' access to a livable climate. We are optimistic and hope that the Court will rule that Norway's oil expansion is violating the European Convention on Human Rights. The Convention states that all people have the right to life and for that, we believe, a healthy and stable climate is necessary," said Gytis Blaževičius, head of Nature and Youth.

This lawsuit is a part of a wider movement of climate litigation, which globally, has made significant advances in recent years forcing states and corporations to take faster and more ambitious climate action in order to uphold human rights.

The individual applicants behind the complaint are Ella Marie Hætta Isaksen, Ingrid Skjoldvær, Gaute Eiterjord, Gina Gylver, Lasse Eriksen Bjørn, and Mia Chamberlain.[4]

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