Seeking climate justice in the European Court of Human Rights: reflections on the Duarte Agostinho case
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2025-07-21
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SAGE Publications Ltd
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The increasing recognition of the individual as the ultimate subject of law has facilitated the articulation of this international subjectivity into legal capacity. Although not automatically conferred, such locus standi allows individuals to bring forward complaints before regional human rights courts and United Nations quasi-judicial bodies. These legal mechanisms, particularly when employed strategically, provide recourse for addressing urgent environmental and climate justice concerns, compelling States to confront their responsibilities. The article explores the potential of such mechanisms to challenge legal norms and contribute to climate accountability, with a focus on the ECtHR Duarte Agostinho and Others v. Portugal and 32 Others judgment. Through this case, the paper examines how individuals leverage international legal avenues to demand action on climate change and environmental degradation. In meeting this research goal, the article begins by tracing the historical development of the individual's status in international law, then delves into the definition of strategic litigation and the shifting perception regarding court victory v. defeat dichotomy. To conclude, the case study assesses individual's effective capacity to influence environmental and climate change outcomes through the international legal system, regarding the courtroom as a means rather an end in itself.
Palabras clave
Climate justice
Environmental accountability
European court of human rights
International legal action
Strategic litigation
Environmental accountability
European court of human rights
International legal action
Strategic litigation
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Serón Arizmendi, N. (2025). Seeking climate justice in the European Court of Human Rights: reflections on the Duarte Agostinho case. Environmental Policy and Law, 55(4-5), 109-119. https://doi.org/10.1177/18785395251361452