Climate change/environment – Human Rights Insights

Keep drilling and don’t worry about GHGs, says the Norwegian Supreme Court

On December 22, 2020, the Norwegian Supreme Court dealt a hard blow to the fight against climate change. The Court confirmed (in Norwegian) the validity of a 2016 royal decree granting ten production licences in the Barents Sea, dismissing the claims that drilling activities violate the right to a clean environment enshrined under Article 112 of the Constitution and the right to life and the right to privacy, family life and home protected under Articles 2 and 8 of the European Convention on Human Rights (ECHR).

The protection of the environment, “mankind common heritage” guaranteed beyond French borders

On 31 January 2020, the French Constitutional Court ruled (in French) that the protection of the environment, principle enshrined in the preamble of the Environment Charter, constitutes a constitutional goal. Hence, its application can lead to the limitation of the freedom of entrepreneurship, even if the adverse consequences of the business activities carried out are extraterritorial.

Denied asylum-seekers’ right to life must be protected from climate change says the Human Rights Committee

On 7 January 2020, the UN Human Rights Committee for the first time ruled on the consequences of climate change in the context of refugee status’ denial, and in regards to the right to life enshrined in Article 6 of the International Covenant on Civil and Political Rights (ICCPR).

Hard blow for climate change litigation in the US

On 17 January 2020, the United States Court of Appeals for the Ninth Circuit issued its opinion on the Kelsey Rose Juliana v. United States case filled by 21 young citizens, an environmental organisation and a representative of future generations. By a majority of two judges, the Court dismissed the claim alleging that the government has violated claimants’ constitutional rights to life, liberty, property and the public trust doctrine by permitting, authorising, and subsidising fossil fuel use despite irreversible consequences regarding climate change.

Human rights as a means of fighting climate change

On 20 December 2019, the Dutch Supreme Court issued a landmark judgement upholding the Court of Appeal’s decision in the Urgenda Foundation v. Netherlands case. The class action initiated by 900 Dutch citizens had as a core question whether the State had a duty of care to protect its citizens against the imminent danger caused by climate change. By compelling the State to reduce greenhouse gas emissions by at least 25% compared to 1990 by the end of 2020, the Supreme Court answered the question positively.