8.E. Workshop: Climate crisis and public health: public health practitioners are key to successful litigation

Abstract   Encouraged by wins on asbestos and against Big Tobacco, the public health community and environmental advocates are turning to litigation to sue governments and private sector interests for public health harms from environmental pollution and climate change. Legal systems are as varied as health systems, yet there are principles common to all jurisdictions. In particular, the choice of legal forum is key: which court is best placed to hear a given case? Questions also arise regarding legal ‘standing’ - who can initiate legal proceedings? What is the most suitable legal basis for the claim? - it could be under a national constitutional protection of the right to life, a human rights treaty, or environmental or tort law. And, what evidence is required and what evidential standard should be met? Since 2020, four cases have been filed with the European Court of Human Rights in Strasbourg on States’ responsibilities for the physical or psychological impacts of climate change on human health. Moreover, in May 2021, the Dutch District Court in The Hague ordered Shell to reduce CO2 emissions by 45% by 2030, globally. To reflect