44.
The Dutch government appealed and lost. In 2018, the Hague Court of Appeal confirmed
the lower court decision, writing that:
Under Articles 2 and 8 ECHR, the government has both positive and negative obligations
relating to the interests protected by these articles, including the positive obligation to take
concrete actions to prevent a future violation of these interests (in short: a duty of care). A
future infringement of one or more of these interests is deemed to exist if the interest
concerned has not yet been affected, but is in danger of being affected as a result of an
act/activity or natural event.42
45.
The Hague Court of Appeal concluded that “it is appropriate to speak of a real threat of
dangerous climate change, resulting in the serious risk that the current generation of citizens will
be confronted with loss of life and/or a disruption of family life. As has been considered above by
the Court, it follows from Articles 2 and 8 ECHR that the State has a duty to protect against this
real threat.”43
46.
Finally, the Dutch Court also made the observation, highly relevant to Ireland’s situation,
that “it deserves further attention that the Netherlands, as a highly developed country, has profited
from fossil fuels for a long time and still ranks among the countries with the highest per capita
greenhouse gas emissions in the world. It is partly for this reason that the State should assume its
responsibility” 44
Climate change and the human rights obligations of the Government of Ireland
47.
Ireland is a party to the 1992 UN Framework Convention on Climate Change (UNFCCC).
According to the UNFCCC, industrialized countries such as Ireland, being the source of most past
and current greenhouse gas emissions, are expected to have a leading role in reduction of emissions
(pursuant to the legal principle of common but differentiated responsibilities).
48.
Ireland is also a party to the 2015 Paris Agreement and a member of the European Union,
which is also a party to both UNFCCC and the Paris Agreement. The EU has committed to achieve
at least a 20% reduction of greenhouse gas emissions by 2020 compared to 1990. By decision
No 406/2009/EC of 23 April 2009, the EU established national objectives for its Member States. 45
The minimum contribution to meeting the greenhouse gas emission reduction commitment of the
EU established for Ireland is a 20% reduction of greenhouse gas emissions by 2020 compared
to 2005 greenhouse gas emissions levels.
42
Netherlands v Urgenda Foundation, 2018 Hague Court of Appeal, Civil Law Division 09-10-2018,
Case number: 200.178.245/01, at para 41.
https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2018:2610
43
Netherlands v Urgenda Foundation, 2018 Hague Court of Appeal, Civil Law Division 09-10-2018,
Case number: 200.178.245/01, at para 45.
https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2018:2610
44
Netherlands v Urgenda Foundation, 2018 Hague Court of Appeal, Civil Law Division 09-10-2018,
Case number: 200.178.245/01, at para 66.
https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2018:2610
45
Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort
of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas
emission reduction commitments up to 2020, available at: https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=uriserv:OJ.L_.2009.140.01.0136.01.ENG.
11
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