The Council of Europe issues guidelines to tackle youth and climate change

On October 23, the Council of Europe issued a series of recommendations to member states to address young people’s concerns and climate change. The resolution addresses the actions countries should take, including youth involvement in climate change policy decisions, addressing youth mental health related to climate change concerns, and protecting the right to protest. It is notable that the resolution also confirms recent opinions of the European Court of Human Rights, in which protection against climate change is enshrined as a human right in the CoE treaties.

The Council of Europe, founded 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 main governing body of the European Union. However, they are independent and unrelated bodies.

In 1950 the CoE adopted the European Convention on Human Rightsan international treaty designed to protect human rights and freedoms. As is standard in international treaties, an enforcement mechanism must be put in place to enable legal challenges. Section II of the Convention called for a European Court of Human Rights. The ECtHR, also known as the Strasbourg Court, was originally established in 1959. It rules on individual or state applications for violations of the civil and political rights enshrined in the treaty.

Although the CoE and the ECtHR focus on human rights, this has not been absent from the discussion of climate change. There is a growing movement in climate change circles to link protection against the effects of climate change with human rights. Climate activists have done their best to amend the ECHR to include protection as a human right under the treaty. While these efforts have not yet met with success, they have found success in court.

The ECtHR issued an opinion on this in April Verein KlimaSeniorinnen Schweiz and others against Switzerland conclude that protection against the effects of climate change is a human right under the Convention. The advice was limited in scope, but indicated the broader thinking of the judges and will give rise to more climate lawsuits.

While questions remain about the full implications of the ruling, the CoE continues to play an active role in the climate change debate. In a resolution adopted on October 23the Committee of Ministers of the Council of Europe adopted a recommendation, which they consider to be the first international text on the subject, setting out states’ responsibilities and legal protections in relation 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 exercise, enjoyment and the fulfillment of their basic civil rights. , political, economic, social and cultural rights. Climate action is one of the top priorities for young people in Europe. Youth participation in decision-making processes improves the effectiveness of climate policies and young people should receive the necessary support and resources for their climate advocacy, and adequate social and legal protection.”

The resolution cites the protections set out 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 the home (Article 8) and the right to protection of property (Article 1 of Protocol No. 1 to the Treaty, ETS No. 9) in the context of anthropogenic emissions of greenhouse gases causing global warming, which in turn have profound negative consequences, including for the youth.”

Furthermore, the CoE calls for the protection of the right to expression, assembly and the right to a fair trial. They call for additional training for law enforcement officers and members of the judiciary on these rights as they apply to climate protests. This statement comes after several climate activists were arrested across Europe.

Looking at the economics of climate change, the resolution calls for investments in green jobs, education and green skills development.

The resolution also addresses the mental health impacts of climate change on young people. It encourages Member States to “take the necessary measures to mitigate the harmful effects of the climate crisis on the health of young people, both physically and mentally; supporting independent and reliable research into the phenomenon of eco-anxiety, its treatment and care, and other negative impacts of the climate crisis on young people, to develop knowledge, specific services and resources to support young people”

Although the resolution is non-binding and uses language that encourages rather than dictates action, it makes a strong legal argument that member states are obliged to take action under the ECHR. Furthermore, the CoE confirms and refers to the ECHR decision of April. Expect the resolution to be a blueprint for future lawsuits.