How a landmark case against Norway's oil and gas development could set a global precedent

The case of Greenpeace Nordic, together with six youth activists and Natur og Ungdom (Nature and Youth), before the European Court of Human Rights (ECHR) is more than a legal battle; it is a critical moment for the climate justice movement around the world. In our case, we are challenging the Norwegian government's decision to expand oil and gas exploration in the Arctic amid the climate crisis. We argue that these actions violate fundamental human rights.

Following the historical Following the victory of a group of Swiss senior citizens in the “Climate Senior Citizens” case, which brought the first climate case ever before the ECHR, the court invited the parties, including six young activists and the environmental organizations Nature & Youth and Greenpeace Nordic, to submit further arguments by August 16.

An oral hearing is not expected to take place and a date for the verdict has not yet been set. However, as climate activists involved, we hope for a quick and positive solution.

That is why we are optimistic

The climate litigation movement has made significant progress around the world. We are seeing a growing number of climate litigation cases forcing states and companies to take more ambitious climate action to protect human rights and the environment.

We have seen that bringing their stories to court is an effective tool for communities affected by climate change to promote a green and just transition away from fossil fuels, push for stronger environmental policies, and strengthen international cooperation on climate issues.

This year we also celebrated a landmark victory in the Oslo District Court, where the Norwegian government's permits for three new oil and gas fields were invalidated because adequate climate impact assessments had not been carried out.

Against this backdrop, we are optimistic that a ruling will require our country, Norway, to take all necessary measures to protect human rights in the context of climate change, including stopping the expansion of fossil fuel extraction and production that puts greed ahead of need.

This case could bring us all one step closer to climate justice

The proceedings against the Norwegian state highlight the connection between environmental protection and human rights in the context of ongoing oil and gas exploration.

Bringing our case to the ECHR underlines that climate change is not only an environmental problem, but also a human rights issue. In April this year, the Court ruled for the first time that a state's inaction on climate change constitutes a human rights violation.

We argue that the Norwegian government’s continued expansion of oil drilling in the Arctic is exacerbating climate change and thereby violating our right to life and our right to private and family life of present and future generations, as protected by Articles 2 and 8 of the European Convention on Human Rights (ECHR).

A positive ruling would strengthen the protection of the right to a clean, healthy and sustainable environment as a prerequisite for the enjoyment of fundamental human rights, while at the same time clearly demonstrating that aggressive oil policies pose a threat to these rights.

Climate justice is justice for indigenous peoples

Indigenous peoples are disproportionately affected by the climate crisis and are committed to climate justice on several continents.

In Norway and other parts of Europe, the Sámi people's traditional way of life and livelihood are already under severe threat from climate change. The plaintiffs in the Norwegian climate justice case include members of indigenous Sámi communities and people of Sámi origin. They and the other young plaintiffs argue that the state's plans to intensify emissions discriminate against young people and indigenous peoples and thus violate Article 14 of the ECHR.

“The fact that the European Court of Human Rights will soon hear our case is a turning point for us, who have been fighting against Norwegian oil for years,” says Ella Marie Hætta Isaksen, Sami activist and one of the young plaintiffs.

“I hope that a victory will force Norway onto a new course,” says Ella, “as the Norwegian government's aggressive oil expansion continues to put dirty oil profits above human rights. My people, the indigenous peoples of Norway, Sweden, Finland and Russia, have survived countless hardships. If world leaders do not act now to prevent further climate and environmental destruction, indigenous peoples around the world will be among the first to lose their livelihoods. That is why this issue is so incredibly important to me.”

Why this ruling is important

To tackle the climate crisis, governments must stop issuing licenses to extract, process, transport and burn fossil fuels, which have devastating effects on the environment. Instead, data shows a surge in oil and gas exploration in 2024, with just five wealthy countries awarding 56% of oil and gas licenses since 2000 – Norway is one of them.

This is a landmark case as it is the first time the ECHR has had the opportunity to rule on obligations relating to combustion emissions. 95% of emissions from Norway's huge oil and gas industry come from the combustion of exported oil and gas. The ECHR ruled in KlimaSeniorinnen that the state's primary duty is to “adopt and effectively apply in practice regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change”. The plaintiffs argue that Norway's licensing plans will have the opposite effect.

For Norway, a country with an aggressive oil and gas policy focused on expansion, this ruling could force it to take the necessary and proportionate measures to protect human rights and keep global temperature rise below 1.5°C by refraining from expanding fossil fuel projects. This could prompt the government to rethink its licensing policy and invest more in renewable energy sources to meet its human rights obligations.

A critical moment for climate justice

“We are very excited about the upcoming ruling of the Human Rights Court. It will be the first time that one of the highest courts in the world will examine the impact of climate-damaging fossil fuel expansion on fundamental human rights. A result in favour of the climate and our human rights will set a precedent and have a positive impact on Norway, Europe and beyond,” says Klimentina Radkova, rights activist at Greenpeace Nordic.

The ECHR has the potential to reaffirm the obligation of States to take the necessary and sufficient measures to protect human rights and the rights of future generations and indigenous peoples in the context of the climate crisis. As we await the Court's decision, the efforts of young activists and affected communities remind us of the urgency and importance of this fight for a sustainable, equal and just future.

June Haugan Holden is Communications Officer for Greenpeace Norway