The nature of climate justice is evolving. Citizens around the world, including groups of youth activists, are bringing climate litigation cases to court in attempts to hold their governments accountable for their inadequate response to climate change. These cases are starting to prove how insufficient government action and greenhouse gas (GHG) emission targets are violating citizens’ fundamental human rights.
For my HBA independent study project, under the supervision of Professor Wren Montgomery, I investigated prominent Canadian and international human rights climate litigation cases against governments. At its core, my paper assesses how the legal rationale used differs from case to case in order to make conclusions on the patterns of arguments that lead to success. The paper’s analysis also uncovers common obstacles facing these arguments.
The Legal Rationale and Patterns of Arguments That Leads to Success
Below are some of the key findings that differentiate between successful rulings and non-successful ones.
- Citing specific government conduct. To argue effectively, plaintiffs must point to specific government conduct and legislation that violates rights outlined in the Canadian Charter.
- Establishing climate change as a direct threat to human rights. Plaintiffs in successful climate litigation cases establish that it is part of a government’s duty to act on matters of climate change.
- Having remedies within the role of the judiciary. When plaintiffs in climate litigation cases request remedies that would require the creation or modification of government policies, it is often questioned whether the courts have the jurisdiction to grant such remedies.
Explanations for Recent Gains in Traction
In my research, I also explored in more depth the potential explanations as to why human rights climate litigation cases have been gaining traction nationally and internationally. These include:
- the growing number of national and sub-national laws that address climate change directly;
- the Paris Agreement offering a new legal standard in which to assess a government’s climate change actions; and
- the growth in the youth climate movement.
Interested in learning more? Click here to access the full research paper.