The planet, in the hands of the jury

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Going to court is a desperate move to stop the latest disaster

Many voices are calling for stronger action to contain the catastrophic effects of climate change. Such as a group of young Portuguese who filed a lawsuit at the European Court of Human Rights five years ago over the forest fires that spread across the Leiria region in 2017, killing and seriously injuring. Finally, the grand chamber will study the case this fall, giving an idea that the problem of climate change and the environment is costing, but ultimately making its way to court as an “in extremis” measure. Prosecuting these very serious situations, placing responsibilities on governments and companies by magistrates can be a big step forward.

The action of this group of young Portuguese was prophetic. This summer there have been fires like the one that has destroyed the Serra da Estrela in Portugal today. In our country, forest fires have so far burned as many hectares this year as between 2018 and 2021. In Colombia, four years ago, 25 schoolchildren were ordered by the Supreme Court to order authorities to adopt a plan to protect the Amazon. It was very little, but it was something. In that country, several rivers have been given legal status, as happened in Spain.

Damien Carême, mayor of Grande Synthe, in turn, launched a process with the Paris and Grenoble municipal councils to force the French government to comply with a series of environmental agreements. In 2021, the Council of State upheld a verdict that proved them right. We have more examples. Such as that of the Swiss Association of Older Women, Klima Sennorien, which has challenged the Swiss government’s inaction against climate change before the European Court of Human Rights. In 2017, including in India and through lawsuits, the Ganges and Yamuna rivers were declared living beings with the same legal rights as humans, something recently ruled in New Zealand because of the Whanganui River.

Those forward-thinking youth, indigenous communities and land defenders have been forced to litigate to protect the environment and our very existence. Thus, the planet is now in the hands of the judges, for a desperate move to stop the latest disaster. Will the magistrates know how to fulfill what has been entrusted to them? Will they be able to establish specific responsibilities? We shall see.

Source: La Verdad

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