Not Leaving Any Stone Unturned: WYCJ’s efforts before the Inter-American Court of Human Rights
By Theresa Erna Amor-Jürgenssen*
On December 18, 2023, World’s Youth for Climate Justice (WYCJ) presented two briefs to the Inter-American Court of Human Rights in its advisory proceedings on the climate emergency and human rights. These proceedings are a response to the request made by Chile and Colombia on 9th January 2023 for the Court to issue an advisory opinion that would clarify the scope of State obligations to respond to the climate emergency within the framework of international human rights law. On January 22, 2023, the Court’s Registrar invited WYCJ to contribute to these proceedings.
The first brief, presented in English, was authored by youth who are part of WYCJ’s Academic Taskforce and was endorsed by several of our Friends of the Initiative in Latin America, including AIDA, CEJIL, La Ruta del Clima, and FACE. The brief focuses on the differentiated obligations of states to protect children, youth, and future generations in the climate crisis. This submission outlines the challenges faced by children, youth, and future generations due to the climate emergency as a result of which they are at risk of grave and irreparable harm in violation of their human rights. In light of this, the brief urges the Court to take into account that children, youth, and future generations are particularly vulnerable groups, whereby levels of risk and vulnerability increase on a sliding scale in proportion to one’s date of birth.
The first part of the brief discusses intergenerational equity; the concept or idea of fairness or justice between people of different generations, such as children, youth, adults and seniors. It also extends to future generations and links with the concept of trusteeship, according to which present generations owe a duty to future generations to preserve the environment in its present conditions for future generations to enjoy. These principles have been reflected in international jurisprudence and international law and the Court is, thus, urged to recognize, incorporate, and operationalize them in its own jurisprudence. The second part of the brief discusses the necessity of differentiated legal and policy approaches, i.e. approaches that are tailored towards the needs of different individuals or groups of individuals - in this case children, youth, and future generations. It provides an overview of international legal frameworks relevant to human rights protection from climate change impacts with a call for the Court to consider and incorporate into its own jurisprudence relevant standards and rules of international law, such as the UNFCCC, Paris Agreement, UNCRC, ICCPR, VCLT, ICESCR, the Escazú Agreement, the Maastricht Principles on the Human Rights of Future Generations, and General Comment No. 26 of the Committee on the Rights of the Child. Examining the Inter-American standards, the submission requests the Court to recognise, incorporate, and/or expand upon its special regimes of protection, i.e. the frameworks it has in place in order to ensure that special protection is granted to particularly vulnerable groups. Hence, the Court is requested to take into account their special needs and vulnerabilities - in the now and in the future - in the context of climate change. Specifically, these regimes should apply to children (those between the ages of 0 and 18), youth (those between the ages of 18 and 30), and future generations (those yet to be born). To that end, the Court is urged to elaborate and concretize State obligations in relation to these vulnerable groups with a view towards climate change and its long-term, often irreversible consequences.
Finally, the brief discusses challenges to the admissibility of rights-based claims based on the irreversible, diffuse, and long-haul nature of the adverse effects of climate change. It then suggests solutions to overcome these challenges in order to make it possible for individuals to bring claims before the Inter-American system of human rights protection, ensuring the effective protection for the rights of children, youth, and future generations from climate change impacts.
The second brief, presented in Spanish, was developed by a team of young human rights lawyers from Latin America in collaboration with the International Institute of Social Responsibility and Human Rights (IIRESODH). The brief delves into the intricate relationship between the climate emergency and human rights in the Americas. It emphasises the need for effective climate policymaking and the protection of access rights in climate action.
The brief elucidates a detailed description of the way in which the climate crisis is impacting human rights in Latin America and the Caribbean, highlighting the particular vulnerabilities of the region due to their geography and socio-economic structures. The adverse consequences of the climate emergency is making these pre-existing problems even worse. In light of this, the brief argues that States must recognise their responsibility to mitigate the impacts of climate change, especially in the most vulnerable regions. They must implement policies that address the inequality and poverty exacerbated by climate change and tailor strategies to the specific needs of affected communities, considering their historically low contribution to global emissions and their high vulnerability. The brief also argues in favour of establishing various standards and principles that should be taken into account when designing and implementing climate change policies. It argues that state action should be proactive and well-informed, based on climate change adaptation and mitigation, with a focus on the protection of human rights and sustainable development. As such, States must guarantee access to justice in climate matters, ensuring that individuals and organisations both are able to bring climate-related claims before judicial organs. In particular, the State must provide effective and accessible legal mechanisms that can address intergenerational justice and the differentiated impacts of climate change on children and youth.
Furthermore, the brief focuses on the protection of environmental defenders, recognising their vital role in combating climate change and promoting climate justice. It discusses the challenges and risks they face, and the need for governments to provide effective protection and support measures. To that end, states have an obligation to protect environmental defenders by addressing the violence and threats they face; they must adopt and implement a solid legal framework that guarantees their safety and freedom to act in the promotion of climate justice and further provide effective support and reparation measures. As such, the brief expands on the obligation of states to guarantee access to climate information and ensure transparency in environmental management and public participation. This implies ensuring that the public can effectively participate in an informed, fair, and transparent manner in any and all environmental decision-making, especially at the early stages where key policies and strategies are defined. To that end, there is a need for the State to provide proper education and awareness-raising on climate change, especially among youth and vulnerable groups. All of this is to ensure informed collective action and the involvement of youth and civil society in combating climate change and promoting climate justice.
Together, these briefs highlight the urgency of addressing climate-related human rights issues, emphasising the role of the youth in shaping legal and policy frameworks for a just and safe future. Our submissions represent a critical engagement of young and vulnerable voices in the global dialogue on climate justice and human rights. We hope that this Advisory Opinion will provide guidance on how states can effectively address these challenges, emphasising the importance of protecting the rights of present and future generations.
* Theresa Erna Amor-Jürgenssen holds an LL.M. from the Geneva Academy of International Humanitarian Law and Human Rights, was called to the Bar of England and Wales, and has a background in international comparative law. She is currently working as a Research Assistant on the case law of the Inter-American Court of Human Rights for ‘The Inter-American Court of Human Rights: Case Law and Commentary’ and is a member of the Academic Taskforce at WYCJ.
