Why are young people fighting for climate action in court?
Sep 8, 2023
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BBC climate reporter Georgina Rannard discusses the rise of climate-related court cases and the involvement of young activists. Topics include young people bringing countries to trial, winning climate cases, emotional journeys of activists, transition from fossil fuels, and an overview of the first Africa climate summit.
The number of climate change court cases has more than doubled since 2017, with over 2,000 cases worldwide, with over 30 filed by young people under 25, driving change and setting important precedents.
Climate change court cases cover various aspects including human rights, climate injustice, challenging new fossil fuel projects, and violations of the right to a healthy environment, proving to be an effective avenue for change.
Deep dives
Increasing Number of Climate Change Court Cases
The number of climate change court cases has more than doubled since 2017, with over 2,000 cases now being brought to court worldwide. Notably, over 30 cases have been filed by young people under 25, including children as young as 7 and 9 in Pakistan and India. These cases are seen as an important driver of change, with court rulings setting precedents for future cases. The cases vary from local disputes over oil projects to lawsuits against governments and multinational companies for their lack of action on climate change.
Different Types of Climate Change Cases
Climate change court cases revolve around various arguments, including human rights and climate injustice. For instance, a case in Germany ruled in favor of youth activists who argued that the government's climate protection measures were inadequate to safeguard future generations. In Puerto Rico, 16 municipalities are seeking to hold the fossil fuel industry accountable for damages caused by more powerful storms linked to climate change. Another common type of case challenges new fossil fuel projects, aiming to prevent carbon emissions. One notable victory was achieved in Montana, where young plaintiffs argued that state policies favoring fossil fuels violated their right to a healthy environment.
Effectiveness and Limitations of Climate Change Litigation
Climate change litigation is seen as a potential avenue for change, as legal rulings can establish precedents that encourage governments and companies to take stronger action. However, there are limitations to the impact of court cases, particularly when considering the global nature of climate change. Many cases are confined to specific jurisdictions, which may not address the broader issue adequately. Additionally, court decisions often rely on subsequent legal action to enforce required actions. Governments argue that addressing climate change requires societal and systemic changes, and they cannot bear the sole responsibility for it. Despite these challenges, climate change litigation remains an important tool in the fight against climate change.
The number of climate cases being brought to court has doubled over the last five years (Source: UNEP). There are now over 2,000 cases being brought against states, governments and companies. Over 30 of these have been brought by and on behalf of people under 25. Are these an effective way to force governments and companies to reduce their emissions? BBC climate reporter Georgina Rannard joins Hannah to answer our questions.
Six young people from Portugal are bringing 32 countries to trial at a hearing before the European Court of Human Rights. One of them, Andre, 15, tells us why.
And what’s it like to win? We hear from one of the people at the centre of the Montana case in the US, Rikki Held, which made headlines in August.
Plus - the BBC’s Waihiga Mwaura in Nairobi gives us an update from the first Africa Climate Summit.
Email: whatintheworld@bbc.co.uk
WhatsApp: +44 0330 12 33 22 6
Presenter: Hannah Gelbart with Georgina Rannard
Producers: Mora Morrison and Julia Ross-Roy
Editors: Verity Wilde and Simon Peeks
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