Soubeste v. Austria et. al.

Date of Application:	Sat, 01 Jan 2022
Date of Decision:	Tue, 26 Nov 2024
Decision Making Body:	European Court of Human Rights
Law Applied:	European Convention on Human Rights
Keywords:	Right to life, family, privacy, equality

Soubeste and others v. Austria and 11 other states 

Complaint no. 31925/22 (ECHR) 

At Issue: Whether rights of young citizens have been affected by climate change due to the Energy Charter Treaty. 

Summary: Five young European citizens allege that their right to life, right to be free of inhuman or degrading treatment, right to respect for their private and family life and right not to be subjected to discrimination have been adversely affected by extreme meteorological events which are directly linked to climate change and the consequences of which they have personally experienced. They contend, in particular, that the climate change that affects them is driven, to a large extent, by fossil energy industry and that the 1994 Energy Charter Treaty (ECT), ratified by all twelve Respondent States, protects investors in that sector from regulatory changes and gives them access to exorbitant remedies through investor-State dispute settlement mechanisms, thereby inhibiting the Respondent States from taking immediate measures against climate change and making it impossible for them to attain goals enshrined in Article 2 of the 2015 Paris Agreement. 

Soubeste and Others v. Austria and 11 Other States - Climate Change Litigation (climatecasechart.com) 

Summary provided courtesy of the Sabin Centre 

Court documents not available. 

 

Related CRC articles

• 2. Right to non-discrimination (CRC Article 2)
• 6. Right to life, survival and development (CRC Article 6)
• 16. Right to privacy, family, home, communications and reputation (CRC Article 16)
• 24. Right to health, healthcare, and a healthy environment (CRC Article 24)

Five young European citizens allege that their right to life, right to be free of inhuman or degrading treatment, right to respect for their private and family life and right not to be subjected to discrimination have been adversely affected. 

The applicants complain, relying on Articles 2, 3, 8 and 14 of the Convention, that the Energy Charter Treaty inhibits the respondent States from taking immediate measures against climate change, making it impossible for them to attain the Paris Agreement temperature goal. 

Involvement of children in hearings

• Written presentation

Intergenerational rights

Future generations

Outcome of decision for the applicants

• Relief sought by applicants PARTIALLY granted

Did outcome of decision develop the law

• No

Age range of litigants

• Other (Under 25)

Number of children or youth involved

5