The Youth Climate Movement: The Kids Are All (for their Fundamental) Right(s)

The young people of the world are becoming increasingly aware that their quality of life is significantly impacted by the decisions of those before them in regard to climate actions. They have an open view on climate change which allows them to understand the major environmental problems (i.e. destruction of island nations, mass loss of species, etc.) that their generation will face in the near future. The following are examples of youth fighting for environmental rights across the world, whether through the courts or by directly challenging those in power.

Greta Thunberg, a 16-year-old Swedish student, has been striking from school once every week until Sweden aligns with the Paris Agreement on reduced carbon emissions. On January 24, 2019, she gave an impromptu speech at a climate change luncheon, stating, “Some people say that the climate crisis is something that we will have created, but that is not true, because if everyone is guilty then no one is to blame. And someone is to blame,” she continued. “Some people, some companies, some decision-makers in particular, have known exactly what priceless values they have been sacrificing to continue making unimaginable amounts of money. And I think many of you here today belong to that group of people.” Thunberg’s unwavering dedication to this fight has inspired many other students to follow in her footsteps and protest for climate justice.

In Juliana v. U.S. (“Juliana”), twenty-one plaintiffs between the ages of 11 and 22, from various parts of the country embodied bravery by choosing to fight for their constitutional rights. They filed a lawsuit against the U.S. government, including the President of the United States, and multiple executive agencies in the U.S. District Court for the District of Oregon. The Plaintiffs argument revolves around the idea that a safe climate is a civil right. They contend that the U.S. government’s continued endorsement of fossil fuel energy system harmed the climate, thereby robbing the children of a “climate system capable of sustaining human life.” Thus, they argue that their constitutional rights to life, liberty, and property were violated and they should be afforded due process of law as required by the U.S. Constitution. The Plaintiffs, accompanied with their Counsel from Our Children’s Trust (OCT) and James Hansen, an ex-NASA director, were due to have their day in court on October 29, 2018. After a few months of back and forth motions, the Ninth Circuit Court of Appeals granted the U.S. government’s motion for temporary stay of District Court proceedings. On November 21, 2018, U.S. District Court Judge Aiken issued an order certifying Juliana v. United States for interlocutory appeal to the Ninth Circuit Court of Appeals and subsequently, denied Plaintiffs’ motion for reconsideration. The most recent update on the proceedings is that the Ninth Circuit Court of Appeals granted the Plaintiffs’ request to expedite the Government’s appeal on January 7, 2019.

Similar to Juliana, a group of 25 young people brought a climate lawsuit against their government for causing climate change and endangering its citizens’ fundamental rights to life and a healthy environment by failing to halt deforestation in the Amazon, despite its commitment to achieve net-zero deforestation by 2020. The Plaintiffs argued that the deforestation and the increase in average temperature in the country threaten their right to a healthy environment, life, health, food, and water. In addition, they contend that future generations are the ones who will suffer the worst impacts of climate change. The Supreme Court of Justice agreed with the Plaintiffs’ arguments and ordered the protection of the Colombian Amazon from deforestation. César Rodríguez Garavito, the lawyer representing the youth plaintiffs, stated, “At the national level, it categorically recognizes that future generations are subject to rights, and it orders the government to take concrete actions to protect the country and planet in which they live.” In addition, this decision provides a legal precedent for other climate change lawsuits. Rodríguez added, “The ruling is a fundamental step in the direction that other courts have been taking worldwide, ordering governments to fulfill and increase their commitments to address climate change.”

These are critical examples of how concerned current young people are with the issue of climate change. They are fighting for their fundamental rights. Hopefully, Juliana can make its way to trial and have the same result as the Plaintiffs in Colombia. Additionally, the younger generation must remain resilient and brave to continue this landmark and incredibly important fight for their lives and the future of the planet.

References:

Climate Change and Future Generations Lawsuit in Colombia: Key Excerpts from the Supreme Court’s Decision, DEJUSTICIA (Apr. 13, 2018), https://www.dejusticia.org/en/climate-change-and-future-generations-lawsuit-in-colombia-key-excerpts-from-the-supreme-courts-decision/.

Ivana Kottasova and Eliza Mackintosh, Teen Activist Tells Davos Elite They’re to Blame for Climate Crisis, CNN (Jan. 25, 2019, 5:15 AM), https://www.cnn.com/2019/01/25/europe/greta-thunberg-davos-world-economic-forum-intl/index.html.

Juliana v. U.S. – Climate Lawsuit, OUR CHILDREN’S TRUST, https://www.ourchildrenstrust.org/us/federal-lawsuit/ (last visited Jan. 28, 2019).

Matt Maynard, Juliana v. US: How America’s Youth is Fighting Trump on Climate Injustice, GEOGRAPHICAL (Oct. 31, 2018), https://geographical.co.uk/nature/climate/item/2981-juliana.

Sophie Yeo, How a Group of Young Colombians Successfully Sued Their Government to Act on Climate, PACIFIC STANDARD (Apr. 24, 2018), https://psmag.com/environment/young-colombians-sued-their-government-to-act-on-climate.

Umair Irfan, A Major Climate Change Lawsuit is on Hold. Again., VOX (Nov. 8, 2018, 6:48 PM), https://www.vox.com/2018/11/2/18029146/climate-change-lawsuit-children-scotus-supreme-court-juliana.

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