Campaign for the Right to a Healthy Environment at the Council of Europe’s Post

 “Climate Justice and Future Generations - A Beginners’ Guide” #2 RIGHTS OF FUTURE GENERATIONS ⚡ What are the “rights of future generations”? The human rights belonging to humans not yet born, but dependent on the actions of the living generations. ⚡ Why are they important? Whether “future generations” are rights holders is one of the central questions in contemporary human rights philosophy, law, and political campaigns. Who is considered a subject of human rights is never a given. Today, one of the major struggles for rights concerns the acknowledgement of “future generations.” 🌟 The issue becomes especially salient when we think of climate change: current generations destroy the planet. Do future generations not have the rights to a clean environment and life recognised for current generations? Indeed, they are particularly vulnerable for rights violations. 💪 In some countries, the rights of future generations are already enshrined in national law. The UNCRC General Comment 26 has also recognised future generations to be rights holders.The Maastricht Principles on the Human Rights of Future Generations adopted in February 2023, make a clear statement of States' and other actors obligations under international and human rights law and are already endorsed by a wide range of global experts and current and former UN mandate holders. Court decisions on climate litigation have recognised either indirectly or explicitly the rights of future generations: 🎯 The First Senate of the German Federal Constitutional Court Decision on “Klimaschutzgesetz (Climate Protection Act), KS” / 2021 highlighted that the German Constitution entails the element of Solidarity. By declaring that the Climate Protection Act was unconstitutional the Court has given an explicit answer that climate solidarity extended to future generations. 🎯 The Colombian Supreme Court Decision on “Future Generations v Colombia” / 2018 examined child rights violations by the State of Colombia and explicitly recognised the environmental rights of the future generations in the decision, based on the ethical duty of solidarity of the species and the intrinsic value of the future. Dive into the rights of future generations: 👉 https://lnkd.in/dP3bpZ_d 👉 https://lnkd.in/djFkrgw7  👉 Hiskes, R. P. (2005). The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice [research-article]. Human Rights Quarterly, 27(4), 1346-1364. 👉 Lewis, B. (2018). The Rights of Future Generations within the Post-Paris Climate Regime [article]. Transnational Environmental Law, 7(1), 69-88.  👉 Lewis, B., & Poff, D. (2023). Human Rights Duties Towards Future Generations and Achieving Climate Justice. Springer International Publishing. Campaign Post #1 Climate Justice, read again: https://lnkd.in/d68c9iAP Global Campus Alumni (GCA) Global Campus of Human Rights

ECtHR CLIMATE JUDGMENTS Initial reactions to the European Court of Human Rights' first three climate judgments have been hard to miss. Two separate webinars led by Counsel and experts involved in the Duarte and Klimaseniorinnen cases were particularly enlightening: below, key elements discussed and links. Finding that the particularities of climate change are such that its existing environmental jurisprudence cannot be transposed directly onto climate cases, the Court developed a tailored approach. On who gets heard in climate cases: 🔇 Narrow interpretation of jurisdiction maintained: despite recognising the causal link between GHG emissions within borders and their effects outside borders, the Court declined to expand extraterritorial jurisdiction under the ECHR. This puts the Court at odds with the Inter-American Court of Human Rights and the UN Committee on the Rights of the Child. 🔉 New tests relating to victim-status and standing: an especially high threshold for victim-status was formulated by the Court for individuals alleging that they suffer from the effects of climate change, and a lowered threshold of standing for NGOs representing affected persons. The NGO test does not require that the persons represented by the NGO themselves meet the stringent individual victim test. The (surprising?) net effect was that the NGO was granted standing but the individual claimants - all members of the NGO - were denied victim-status. 🔇 Children required to exhaust domestic remedies: this was seen as a missed opportunity for the European Court in Duarte to recognise the disproportionate burden that the requirement places on children, who experience particular difficulties in accessing justice. 🔉 Inter-generational impact recognised: despite emphasising that ECHR rights can only be exercised by living persons, the Court was clearly influenced by the inter-generational impacts of climate change. On State obligations: ✔ Positive obligation to adopt measures aligned with the Paris Agreement in order to meet human rights obligations under the ECHR: it was expected that this will unlock domestic climate litigation across the Council of Europe. ✔ States expected to account not only for emissions arising from within their borders, but also those emitted in the production of imported goods (i.e. consumption-based, or embedded, emissions). ✖ The Court could have taken a bolder stance in supporting climate change mitigation efforts, including by embracing stricter timelines for hitting net zero and ‘fair share’ methodologies for calculating carbon budgets. Whichever view one takes on the proper governance of climate change mitigation, the implications are far-reaching. Klimaseniorinnen – including the sole dissent – is particularly worth reading. Doughty Street Chambers: https://lnkd.in/drmuxTJW Matrix Chambers: https://lnkd.in/d3hy3F_C

⏰The Corporate Sustainability Due Diligence Directive #CSDDD is back on the #COREPER agenda today! 📢Save the Children International urges the Belgian Presidency of the Council of the European Union 2024 and EU Member States to approve the groundbreaking agreement, ensuring a more robust approach to human rights and the rights of the child. Children´s rights must be fully captured & considered in #DueDiligence processes, read below why this is absolutely crucial 👇

AIM-Progress and The The Consumer Goods Forum- Human Rights Coalition have collaborated with the Fair Labor Association (FLA) and Proforest to introduce the Converged Human Rights and Environmental Due Diligence (HREDD) Assessment Tool. To read more, click here👉🏻 https://lnkd.in/gpJtMFZy #Sustainability #HumanRights #DueDiligence #Environment #DailyNews #ApparelResources #HumanRights #EnvironmentalDueDiligence #SustainableBusiness #GlobalConsistency #CorporateResponsibility #SustainabilityLeadership

A victory for everyone? The European Court of Human Rights rules Switzerland failed a group of older Swiss women on climate. “The women, mostly in their 70s, said that their age and gender made them particularly vulnerable to the effects of heatwaves linked to climate change… The court said Switzerland's efforts to meet its emission reduction targets had been woefully inadequate… It is the first time the powerful court has ruled on global warming.” European Court of Human Rights Inter-American Court of Human Rights #legal #climatechange #climatelitigation #humanrights #decarbonization #societalimpact #economicimpact #internationallaw #environmentallaw

It’s not business as usual: the European Court of Human Rights is clear that governmental inaction to fight climate change is a violation of human rights. Carolina Ramalho dos Santos and Erriketi Tla da Silva are #BloggingforSustainability on the exciting Swiss case and what this may mean more broadly - also for the European Union and its courts. Check out the post and let us know what you think in the comments below! #HumanRights #ClimateChange https://lnkd.in/dDSnBKx6

Here is some more food for thought on the Verein KlimaSeniorinnen Scheiwz and Others v. Switzerland ruling from Erriketi Tla da Silva and I. 🙋🏻♀️ Unfortunately public policies can also discriminate on the basis of gender, and the climate change field is no exception. While the ECtHR ruling does not engage with this particular subject it is a great archive for scientific sources on the topic. Thus showing that climate change truly has a gender dimension. 🇪🇺 The ruling alongside with the technical level negotiations for the EU’s potential acession to the Convention sets the stage for an interesting climate case - i.e., where the EU can become the defendant. 🩻Lastly, from now on there is extremely clear caselaw concluding that governmental inaction to fight climate change is a violation of the human rights enriched under the Convention.

The recent ruling by the European Court of Human Rights, as reported by the BBC, represents a landmark moment in the nexus between climate action & human rights jurisprudence. The Court's decision in favor of the KlimaSeniorinnen, a group of senior Swiss women, on the grounds of insufficient action against climate change by Switzerland, not only underscores the intrinsic link between environmental policy & human rights but also sets a precedent for future climate litigation within & potentially beyond Europe. This judgment is emblematic of a broader trend where courts are increasingly being seen as venues for advancing climate justice agendas. The Court's explicit acknowledgment of Switzerland's failure to meet its emissions reduction targets & the resultant violation of the right to respect for private & family life signifies a judicial acknowledgment of the personal, direct impacts of climate inaction on individuals' lives. It's a clear message that governments' obligations under human rights conventions extend to climate-related actions. For the global climate justice agenda, this ruling could serve as a catalyst for similar legal actions across the globe, especially in jurisdictions where legal frameworks align closely with the European human rights system. Given the European Court of Human Rights' influence across its 46 member states, this decision may encourage individuals & groups in other countries to seek judicial remedies for governmental inaction on climate change, leveraging the precedent set by this case. Furthermore, the Court's dismissal of the notion that climate change issues are beyond judicial review due to their global nature or the seemingly insignificant impact of one nation's actions is particularly significant. This rejection of the "drop in the ocean" argument can embolden courts in other jurisdictions to take a more proactive stance on climate litigation, recognizing the cumulative impact of national actions on the global climate crisis. The ruling's immediate policy implications for Switzerland & potentially other European countries could include the acceleration of legislative & policy measures aimed at reducing greenhouse gas emissions more robustly & transparently. Governments may need to reevaluate their climate strategies & policies to ensure they are aligned with human rights obligations, particularly concerning vulnerable populations. This court ruling adds to the growing recognition of climate change as not only an environmental issue but a fundamental human rights issue, that will force governments worldwide to consider the cost of Climate Inaction, marking a pivotal moment in the pursuit of Global Climate Justice. PACJACI William Maema Bowmans (Law Firm) DLA Piper Law Society of Kenya The Climate Coalition EU Environment and Climate UN Climate Change Philip Kilonzo Mithika Mwenda, PhD European Commission https://lnkd.in/dR-v_YTy

The European Court of Human Rights recently issued a landmark ruling, known as KlimaSeniorinnen, finding #Switzerland responsible for violating its citizens' #humanrights by not adequately protecting them from the adverse impacts of #climatechange. The case, brought forward by elderly #Swisswomen, highlights the urgency of addressing #climatechange and its disproportionate effects on #vulnerable populations. While the ruling does not entail immediate #sanctions, it sets a crucial precedent for future #climate related lawsuits, underscoring the importance of governmental action in safeguarding human rights amidst #environmental challenges. This decision marks a significant step forward in the intersection of #climatechange and human rights #law.   #ClimateJustice #HumanRights #ClimateAction #LegalPrecedent #EnvironmentalJustice #ClimateLitigation #Switzerland