youth4climateaction
Ahead of Hearing, South Koreans Hope Climate Case Inspires Others
"If we have a favorable precedent in South Korea, I think that will really be a trigger in spreading this trend," said one attorney in the landmark youth-led lawsuit.
Climate justice advocates on Monday expressed hope that a landmark youth-led South Korean lawsuit—which alleges the country's government is failing to protect citizens from the effects of the human-caused planetary emergency—will have a ripple effect that inspires activists throughout Asia and beyond to take similar action.
South Korea's Constitutional Court is set to hold a second and final hearing Tuesday in the case, which was filed in 2019 by 19 members of Youth4ClimateAction who accuse the South Korean government of violating their rights to life, the "pursuit of happiness," a "healthy and pleasant environment," and to "resist against human extinction."
"All countries need to take action in order to tackle this global crisis, and there are no exceptions."
The case was merged with three similar suits filed since 2020, including one brought by parents on behalf of dozens of children under the age of 5. One infant, nicknamed "Woodpecker," was not yet born at the time the complaint was lodged. The lawsuit comes amid a growing wave of similar cases around the world.
"If we have a favorable precedent in South Korea, I think that will really be a trigger in spreading this trend," Sejong Youn, an attorney in the South Korean case, toldNature Monday. "It will send a message: All countries need to take action in order to tackle this global crisis, and there are no exceptions."
Referring to the Paris climate agreement, Amnesty International Korea climate campaigner Jiyoun Yoo said Monday that "strategic litigation is a powerful tool which is being increasingly used to enforce states' binding duty to protect people's rights from the adverse impacts of the climate crisis and ensure there is no backsliding on the international commitments they made in 2015 to prevent average global temperatures from rising above 1.5°C this century."
"The climate crisis is already upon us but the effects will be felt even more intensely by future generations," Yoo added. "Cases like this are vital to safeguarding citizens' rights. Taking legal action against a state is often a long and arduous process which requires patience and perseverance and the courage of these pioneering plaintiffs is to be admired and applauded."
According to the United Nations Environment Program's (UNEP) most recent Emissions Gap Report, humanity must reduce greenhouse gas emissions by 28% before 2030 to limit warming to 2°C above preindustrial levels and 42% to halt warming at 1.5°C. UNEP said that based on current policies and practices, the world is on track for 2.9°C of warming by the end of the century.
South Korea is the fifth-largest greenhouse gas emitter among Organization for Economic Cooperation and Development nations.
Mingzhe Zhu—who studies the links between politics, science, and nature at the University of Glasgow in Scotland—told Nature that even if the South Korean case fails, it will inspire other potential litigants around the world.
"Even if you lose this time, you can lose beautifully in the sense that you provoked social awareness," Zhu said. "The very fact that this case went to the Constitutional Court—that is already a certain sense of success. I believe in people's creativity. Even if you fail this time, you can learn from this experience and just try another pass."
South Korean Court Hears First Asian Youth Climate Case
"Carbon emission reduction keeps getting pushed back as if it is homework that can be done later," said one plaintiff's mother. "But that burden will be what our children have to bear eventually."
One of South Korea's two highest courts on Tuesday began hearing Asia's first-ever youth-led climate lawsuit, which accuses the country's government of failing to protect citizens from the effects of the worsening, human-caused planetary emergency.
Nineteen members of the advocacy group Youth4ClimateAction filed a constitutional complaint in March 2020 accusing the South Korean government of violating their rights to life, the "pursuit of happiness," a "healthy and pleasant environment," and to "resist against human extinction."
The lawsuit also notes "the inequality between the adult generation who can enjoy the relatively pleasant environment and the youth generation who must face a potential disaster from climate change," as well as the government's obligation to prevent and protect citizens from environmental disasters.
"South Korea's current climate plans are not sufficient to keep the temperature increase within 1.5°C, thus violating the state's obligation to protect fundamental rights," the plaintiffs said in a statement.
South Korea's Constitutional Court began hearing a case that accuses the government of having failed to protect 200 people, including dozens of young environmental activists and children, by not tackling climate change https://t.co/XRIGE23KGM pic.twitter.com/snvqBaGGe9
— Reuters (@Reuters) April 23, 2024
Signatories to the 2015 Paris agreement committed to "holding the increase in global average temperature to well below 2°C above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5°C."
According to the United Nations Environment Program's (UNEP) most recent Emissions Gap Report, the world must slash greenhouse gas emissions by 28% before 2030 to limit warming to 2°C above preindustrial levels and 42% to halt warming at 1.5°C. UNEP said that based on current policies and practices, the world is on track for 2.9°C of warming by the end of the century.
A summary of the lawsuit notes that South Korea is the fifth-largest greenhouse gas (GHG) emitter among Organization for Economic Cooperation and Development nations, and that the government is constitutionally obligated to protect Koreans from the climate emergency.
Instead, the plaintiffs argue, the Korean Parliament "gave the government total discretion to set the GHG reduction target without providing any specific guidelines." Furthermore, they contend that the government's downgraded reduction targets fall "far short of what is necessary to satisfy the temperature rise threshold acknowledged by the global community."
Lee Donghyun, the mother of one of the plaintiffs, toldReuters: "Carbon emission reduction keeps getting pushed back as if it is homework that can be done later. But that burden will be what our children have to bear eventually."
The South Korean case comes on the heels of a landmark ruling by the European Court of Human Rights (ECHR), which found that Switzerland's government violated senior citizens' human rights by refusing to heed scientists' warnings to swiftly phase out fossil fuel production.
The ECHR ruled on the same day that climate cases brought by a former French mayor and a group of Portuguese youth were inadmissible.
Courts in Australia, Brazil, and Peru also have human rights-based climate cases on their dockets.
In the United States, a state judge in Montana ruled last year in favor of 16 young residents who argued that fossil fuel extraction violated their constitutional right to "a clean and healthful environment."
Meanwhile, the Biden administration is trying to derail a historic youth-led climate lawsuit against the U.S. government.