Bulletin No. 33
Achieving Climate Justice through Climate Litigation
Introduction
One of the most prominent threats to humanity in the 21st century has undoubtedly been climate change. As a threat multiplier, climate change acts as a catalyst for extreme weather-related events and natural disasters such as floods, droughts, earthquakes, rising sea levels, storms, and wildfires.
The rise of climate activism from Generation Z, prominent figures such as Greta Thunberg, and climate activist groups like The Climate Coalition and Extinction Rebellion has led to significant changes in the fight against climate change. Such efforts include staging protests, advocacy, and petitions and as of lately, climate change litigation in favour of protecting humanity from its adverse effects. Climate litigation means legal action that aims to combat climate change and involves arguments which are related to it.
This article aims to discuss the intersection of climate change litigation and human rights, signalling a shift towards increased legal accountability for governments' actions – or inactions – in addressing the climate crisis.
How does Climate Change impact Human Rights?
To begin with, one must first understand how climate change is inherently linked to human
rights. The Universal Declaration of Human Rights (UDHR), a milestone document created in 1948, lays down the foundation and principle that every individual deserves equal treatment, safety, freedom, and government protection.
Climate change poses a significant threat to the human rights stated in the UDHR on multiple fronts. Rising temperatures, extreme weather events, and sea-levels rising exacerbate food and water scarcity, threatening the right to life, health, and adequate standard of living. Displacement due to climate-induced disasters and loss of livelihoods infringes upon the right to housing, work, and education. Vulnerable communities, including indigenous peoples and marginalised groups, bear the brunt of these impacts, facing increased risks of conflict, poverty, and discrimination. The term ‘Climate Refugees’ will become more prominent as these communities are forced to abandon their homes, with potentially more than 1.2 billion climate refugees by 2050. Additionally, environmental degradation and air pollution harm public health, violating the right to a safe and healthy environment. As climate change intensifies, so do the challenges to human rights protection, necessitating urgent and concerted global action to mitigate its effects and safeguard the well-being and dignity of all individuals.
Global Climate Litigation Report
Since 2017, climate change court cases have doubled and are expected to grow globally. The United Nations Environment Programme (UNEP) states that climate litigation has now become a key tool in delivering climate justice. An annual report called The Global Climate Litigation Report: 2023 Status Review offers a comprehensive look at the present landscape of climate change litigation worldwide, presenting insights into emerging trends.
It serves as a vital tool for a diverse range of stakeholders, including judges, attorneys, activists, policymakers, researchers, environmental advocates, and human rights defenders. By delving into the key challenges encountered by courts in climate-related cases, it equips readers with a deeper understanding of the ongoing dynamics in global climate litigation. The report further underscores the crucial role of environmental rule of law in addressing the interconnected challenges of climate change, biodiversity loss, and pollution. The United Nations General Assembly (UNGA) passed a resolution spearheaded by Vanuatu on countries’ obligations to address climate change, which [KK1] recognizes the adverse impact of climate change on the enjoyment of all human rights, signalling a catalyst for heightened action on climate change in the years ahead.
ECHR's Landmark Ruling: Swiss Inaction on Climate Deemed Human Rights Violation
As the first of its kind, the landmark ruling by the European Court of Human Rights (ECHR) suggests that governments have an obligation to take action against climate change to protect the rights of their citizens. This ruling by the ECHR marks a significant step in recognizing the link between weak government climate policies and the violation of fundamental human rights. The decision emphasises the need for governments to take concrete actions to address climate change, as failure to do so can lead to severe consequences for individuals and communities.
The specific case regarding older Swiss women highlights the impact of climate change on the right to family life, indicating that governments have a duty to protect their citizens from the harmful effects of environmental degradation. While the court dismissed the cases brought by a French mayor and a group of young Portuguese people, the overall decision underscores the importance of holding governments accountable for their climate policies. This ruling sets a precedent for future legal actions aimed at compelling governments to take more aggressive measures to mitigate climate change and protect human rights. It also reflects growing recognition within the international legal community of the urgent need to address climate change as a pressing human rights issue.
Conclusion
Achieving climate justice through litigation emerges as a critical avenue in the global effort to combat climate change. Legal actions, such as the recent landmark ruling by the ECHR, serve as potent tools to hold governments accountable for their inaction and insufficient policies in addressing the climate crisis. Such rulings not only provide justice for affected communities but also set important precedents for future climate-related litigation worldwide.
By recognizing the intimate connection between climate change and fundamental rights, courts are reinforcing the urgency of implementing robust climate policies that safeguard both people and the planet. This judicial pressure serves as a catalyst for governments to reassess their climate strategies, emphasising the need for science-based, equitable, and ambitious measures to mitigate greenhouse gas emissions and adapt to climate impacts.
Charity Spotlight
Fundraise or donate to help Friends of the Earth Charitable Trust, the sister organisation of Friends of the Earth.
Friends of the Earth Charitable Trust is a registered charity that works to raise funds and provide grants to organisations whose activities further its charitable objectives. It is regulated by the Charity Commission and registered with Companies House. Their charitable objectives include:
● The conservation, protection, and sustainable use for the public benefit of the Earth’s natural environment, including biodiversity, atmosphere, water, land, and natural resources.
● The advancement of education for the public benefit, and particularly the advancement of education in ecology, natural history, resource conservation, sustainable development, and environment studies.
● The promotion of sustainable development for the benefit of the public by the preservation, conservation and the protection of the environment and the prudent use of natural resources; and conducting or commissioning research and publishing the results of such research. ‘Sustainable development’ means improving the quality of life while living within the carrying capacity of supporting ecosystems and the natural environment.
Internal Opportunities
The Student Union comprises a list of many sustainability focused societies and initiatives for students to get involved with, such as People & Planet society, Want not Waste Shop and Incredible Edible society.
● People & Planet – One branch of the national People & Planet organisation, this society works primarily campaign-based activity to encourage the university to improve its environmental impact.
● Want Not Waste – Our very own zero waste shop with the campus’ biggest recycling depository, come and buy all your goods without the guilt of plastic packaging! If you’d like to volunteer with us, just pop into the shop (which is located right next to the Academy opposite the Simon building).
● Incredible Edible – Incredible Edible aims to raise awareness of environmental issues, food justice and sustainability by cultivating organic vegetables and herbs around the University for the local community to use free of charge.
Join and get involved with the Manchester Climate Change Partnership, a network of communities, partners and organisations to ensure the city develops and successfully implements a climate change strategy aligned with the latest science and built on the views of city stakeholders. The Youth Partnership Programme brings together 16-28 year olds from across the city who are passionate about ensuring Manchester plays its full part in helping to tackle climate change.
External Opportunities
Take action with The Climate Coalition, the UKs largest group of people dedicated to action against climate change.
The Climate Coalition, alongside Stop Climate Chaos Cymru and Stop Climate Chaos Scotland, forms the UK's largest collective dedicated to addressing the climate and nature crises. Comprising over 130 organisations, including prominent names like the National Trust, Women's Institute, Oxfam, and RSPB, they also boast a supporter base of 20 million. Through their campaigns, they demonstrate widespread public support for a sustainable future and urge the UK Government and policymakers to fulfil their commitments to safeguard our planet for current and future generations.
