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