Classrooms to Courtrooms: Fight for Climate Justice 

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11-year-old Mariana is the youngest among the six Portuguese youth suing 32 European countries for failing to prevent catastrophic climate change. According to the lawsuit, the governments of these countries have breached the human rights of the next generation by not taking adequate measures to combat climate change. The complaint cites Articles 2, 8, and 14 of the European Convention on Human Rights, which guarantee the “right to life”, the “right to privacy”, and the “right to freedom from discrimination”, respectively. The hearing of the case, the first of its kind, began at the European Court of Human Rights last week, in a Grand Chamber reserved for the most fundamentally important of cases.  

Photo: Mariana (bottom left corner) and the other five plaintiffs suing the 32 European countries, Credits: Global Legal Action Network.  

However, this is not the first time young people have sought legal action to protect their future. The number of young plaintiffs in climate-related litigations has surged in recent years. In this article, we will dive into a few examples.  

A Global Stand for Climate Justice

A complaint filed in 2019 at the Committee on the Rights of the Child (CRC) by 16 youths, among them Greta Thunberg, garnered global attention. The case accused five countries—Germany, France, Brazil, Argentina, and Turkey—of violating the United Nations Convention on the Rights of the Child (UNCRC) by failing to appropriately address climate change. However, in October 2021 the CRC rejected the claim as inadmissible because the claimants had failed to exhaust local remedies. Nevertheless, it essentially agreed with the claimants that the failure of these governments to act on climate change is likely to impact their rights in the future, which is a noteworthy finding in itself, even without a respective court ruling. 

Photo: Greta Thunberg and other young climate activists who filed a complaint at the Committee on the Rights of the Child, Credits: AP/ Mark Lennihan.  

Sailing from the Pacific to the International Court of Justice

Law students at the University of the South Pacific decided to take up the herculean task of fighting climate change after witnessing its drastic effects in their homeland. They decided to approach the International Court of Justice (ICJ) in the Hague, to set things right for their future. The group’s first task was to convince the leaders of the Pacific Island Forum to initiate the process of approaching the ICJ. Vanuatu, a small island nation, took the lead and successfully rallied a coalition of 132 nations behind a United Nations General Assembly (UNGA) resolution. This resolution called for a non-binding advisory opinion from the ICJ and sought clarity on how existing international laws could be leveraged to strengthen climate change mitigation measures, ensuring the safety and protection of humanity and saving the Paris Agreement. Following the adoption of the UNGA resolution, legal proceedings have commenced at the ICJ. 

In accordance with Article 96 of the UN Charter, an advisory opinion is a legal opinion given to the UN or a specialized agency by the International Court of Justice. It has significant legal validity and moral authority despite having no binding effect.

Photo: Law students at the University of the South Pacific with Vanuatu foreign minister Ralph Regenvanu (third from left) in 2019, Credits: Pacific Island Students Fighting Climate Change.  

Montana’s Climate Crusaders

August 14, 2023, will always hold a special place in the hearts of 16 young environmental activists from the US state of Montana. It marks the day when they achieved a historic legal victory by successfully suing their state over its failure to sufficiently act on climate change. The court upheld the plaintiff’s fundamental right to a clean and healthy environment “which includes climate as part of the environmental life-support system.” Furthermore, the clause in the Environmental Policy Act of Montana that prohibited the state from taking climate change into account when approving energy projects was deemed unconstitutional. However, the state government has decided to appeal the ruling, leaving the outcome of the judgment uncertain for the time being.  

Photo: Young environmental activists in Montana who won the climate case against the state government, Credits: Thom Bridge/Independent Record.  

Behind the headlines

It is also important to acknowledge that not all young activists have a smooth path when it comes to climate litigation. In what seemed like a significant victory for climate activists, a landmark judgment was handed down in Australia in 2021. The case involved eight teenagers and an octogenarian nun who sought legal action to prevent the approval of a coalmine, arguing that the state was responsible for protecting young people from the climate crisis. Despite initial hope, the groundbreaking decision was ultimately overturned by a Full Court of the Federal Court of Australia citing that court procedures were not appropriate for resolving concerns of public policy. 

In another instance, a group of children from Austria filed a formal lawsuit with the Austrian Constitutional Court claiming that the country’s 2011 Federal Climate Protection Act partially violates their rights as children and the fundamental principle that everyone should be treated equally by the law since the law did not establish binding emission reduction targets beyond the year 2020. The court, however, decided in June 2023 to reject the complaint as inadmissible, finding it too specific and that amending the provisions of the legislation cited by the plaintiffs would not address the core issue of its alleged unconstitutionality. Amending the law as sought by the plaintiffs would, however, change its content, making the court engage in legislation which is the prerogative of lawmakers. 

From the above examples, it is evident that the present generation’s fight against climate change extends beyond demonstrations and strikes. It now encompasses legal conflicts that aim to hold governments responsible for their climate change-related actions and inaction. Accounts of young climate activists navigating the judicial system, such as the above, highlight how difficult and important their cause is. They serve as a reminder that the quest for climate justice necessitates perseverance and dedication to ensure a sustainable future for the following generations.