A United Nations panel said that it could not immediately rule on a complaint brought by Greta Thunberg and others that inaction on climate change constitutes a violation of children’s rights.
16 climate activists brought the complaint
The complaint was filed with the UN Committee On the Rights of the Child in 2019. Swedish activist Thunberg along with 15 other young climate activists alleged world leaders' inaction on the climate crisis has violated their rights.
The activists were aged between eight and 17 at the time and came from 12 different countries.
The complaint accused the respondent countries - Argentina, Brazil, France, Germany and Turkey - of knowing the impact their carbon emissions were having on the climate and doing nothing to mitigate it.
UN panel ruling
The 18-member UN panel has been conducting hearings and deliberating since. The independent human rights experts found a “sufficient causal link” between the harm allegedly suffered by children and the emissions of five states.
However, it accepted the countries’ argument that the children should have brought their case to national courts first.
Another important detail of the ruling was that the committee found that it can deal with cases even if the harmful effects of one country’s emissions are felt by children in another country.
In an open letter to the activists, the panel saluted their “courage and determination.”
"We hope that you will be empowered by the positive aspects of this decision, and that you will continue to act in your own countries and regions and internationally to fight for justice on climate change," it said.
Cases like these are growing
The case is one of a growing number of climate litigation cases that invoke human rights and are seen as setting an important precedent.
Earlier this year, in Germany, the highest court sided with youth. The court ruled that Germany’s climate protection legislation was unconstitutional because it placed too much of a burden for reducing greenhouse gas emissions on younger generations.
However the loss of this case will be seen as disappointing as going to national courts is time consuming. A statement from EarthJustice said: “For petitioner Litokne Kabua and other children from the Marshall Islands in the south Pacific, there is simply no time to file a climate change case in every state in the world that is fuelling global warming.
“If emissions are not immediately reduced, the Marshall Islands will likely be submerged in the ocean within the children’s lifetime.”