To protect the freedoms of future generations, action must be taken today. Therefore, relying on future litigation and the leadership of the courts to call states and other actors into action on climate change is not a realistic option. The climate crisis is advancing at a rapid pace. They also confirm the readiness and confidence of courts to enforce the independent obligations of states and, more recently, private companies to take concrete action against climate change. These recent court cases put the spotlight on existing legal frameworks that already provide important safeguards.

The narrative around intergenerational climate justice, respect for and protection of human rights to hold those contributing to climate change accountable, is a powerful way to attach legal responsibility to actors who fail to play their part in mitigating climate change. A call for action on intergenerational climate justice They may also inspire political and more ambitious action to tackle the climate crisis. This and other rulings constitute major wins for all generations and will likely encourage similar litigation elsewhere. While Shell is likely to appeal the ruling, it nevertheless pays testimony to the role of law in calling the private sector into action to respect the human rights of current and future generations. The District Court of the Hague in the case Milieudefensie v Royal Dutch Shell held that Royal Dutch Shell has an individual obligation to reduce CO2 emissions based on an established standard of care. A recent court ruling demonstrates that a similar rationale also extends to private companies. The protection of fundamental rights, whether of people living today or those who will follow, is no longer an unusual link to be made when calling on a state’s responsibility for concrete climate action.

The court further held that the Basic Law necessitates to “treat the natural foundations of life with such care and to leave them in such condition that future generations who wish to carry on preserving these foundations are not forced to engage in radical abstinence.” Instead such burden must be spread proportionately across generations. The court emphasised the state’s duty of protection and its obligation to take climate action without placing an unreasonable burden on young people and future generations. Earlier this year, the German Constitutional Court ruled that the German Federal Climate Law (Klimaschutzgesetz) violates the constitutional freedoms of future generations, enshrined in the Basic Law of Germany. The Urgenda case should not remain the only such case calling a state into action. The judgement called on the European Convention on Human Rights ( ECHR) Article 2 (the right to life) and Article 8 (the right to respect for private and family life) to justify the positive obligation of the state to take measures that reduce real and immediate risks that could jeopardise the welfare of Dutch residents, even if such impacts would only materialise a few decades from now. In the landmark case State of the Netherlands v Urgenda, the Dutch Supreme Court ruled in 2019 that the Netherlands must reduce its greenhouse gas emissions by at least 25% by the end of 2020 compared to 1990. In doing so, courts are showing leadership in promoting equity and human rights, protecting current and future generations.

More and more, courts across the globe are stepping in to close such climate change action gaps by calling on the individual responsibility of states and private sector companies to intensify efforts towards the collective pursuit of a more sustainable tomorrow. But what can be done in instances where political will alone does not deliver concrete climate action or the proposed measures do not go far enough to safeguard future generations? An increase in lawsuits and the leadership of the courts Youth in particular continues to challenge world leaders to protect their future and that of their children – in political fora and increasingly in courts.Īs youth are finding their voice, asserting their rights and increasing political pressure, the issue of intergenerational justice can no longer be ignored. While the COVID-19 pandemic shifted our collective attention towards the health crisis and related social issues, recent events, such as the heat dome over parts of North America, fires, and the devastating floods in Europe, reinforce the level of urgency required to halt global warming.

Intergenerational trauma activism