RELEVANT CONTEXT

Greta Thunberg and other youth climate activists filed a complaint back in 2019 to the United Nations Committee on the Rights of the Childstating that inaction on climate change violates children’s rights. The complaint involved five states namely France, Turkey, Brazil, Germany and Argentina alleging that these States had failed to cut carbon emissions despite known risks.^[1] The argument is that States contributing to climate change are negatively affecting the rights of children and that such actions and/or inactions can be legally sanctionable.^[2] These States were mentioned in the Thunberget al complaint case, not on the basis of which State caused the highest negative climate impact related to human rights in the world, but simply on the basis of the status of those states as ones that ratified the Optional Protocol of the UN Convention on the Rights of the Child, thus allowing cases to be brought directly against them by minors.^[3]Such complaints are part of a trend of lawsuits invoking climate inaction as a human rights issue.^[4]The biggest carbon emitter states in the world, i.e. the United States, have not ratified the Convention on the Rights of the Child, and consequently not the Optional Protocol either, thus they cannot be held responsible before the Committee for their carbon emissions.^[5]

WHY IS IT SO IMPORTANT?

This issue has been a delicate topic in the realm of law and human rights, often ignored when it relates to the environment, it has always been considered to be out of sight for many big political state actors around the world.^[6] That is why the decision was ground-breaking.^[7]Although the UN Committee on the Rights of the Childcould not formally rule on the complaint, the Committee, made up of 18 independent human rights experts, agreed that a state actor can be held liable for the negative impact of carbon emissions on children, both within and outside their state borders.^[8]This cross-border element is essential to the outcome of the decision. Traditionally in human rights law, citizens can only sue their own countries for human rights violations at the UN level. This case changes that principle and is seen as setting an important precedent.^[9] To give an example, this means that a girl living on an island in the Indian Ocean, an island which will disappear due to climate change, could sue the United States for violating her rights.^[10]

Moreover, the Committee concluded that a “sufficient causal link” had been established between the significant harm allegedly suffered by the children and the acts or omissions of the five states.^[11] This is another extremely important outcome in that this case strengthens the legal parameters on the nexus between human rights law and climate.^[12]

THE REASONING OF THE DECISION OF THE UN COMMITTEE

The UN panel in the UN Child Rights Committee announced on 11 October 2021 that it cannot rule on this complaint because the petitions should have initially been taken to national courts.^[13]

THE STATEMENTS OF THE YOUTH ACTIVISTS INVOLVED IN THE COMPLAINT BEFORE THE UN COMMITTEE

“Emitting States are responsible for the negative impact of the emissions originating in their territory on the rights of children — even those children who may be located abroad. The collective nature of the causes of climate change must not absolve a State from its individual responsibility,” said UN Child Rights Committee member Ann Skelton.^[14]

The petitioners argued that France, Turkey, Brazil, Germany and Argentina “failed to take necessary preventive measures to protect and [fulfill] children’s rights to life, health, and culture,” according to the UN Human Rights Office press release.^[15]

American petitioner Alexandria Villasenor said: “When the climate disasters are even more severe than they are now, the Committee will severely regret not doing the right thing when they had the chance.”.^[16]

“The Committee acknowledged that states are legally obligated to act, that our clients’ lives are at risk, and that time is running out. But they still closed the UN’s doors. So be it. The legal battle for the climate now returns to national courts,” said Scott Gilmore, the lead attorney for the petitioners.^[17]

BIBLIOGRAPHY:

1. Sclafani, J. (2021, October 12). UN cannot rule on climate case brought by Greta Thunberg and youth activists. Axios. Retrieved November 1, 2021, from https://www.axios.com/un-climate-youth-greta-thunberg-7907b889-2a98-4b42-bf52-59a8e8d49da5.html.

2.Farge, E. (2021, October 12). U.N. panel says it can’t rule on the climate case brought by Thunberg. Reuters. Retrieved November 1, 2021, from https://www.reuters.com/business/environment/un-panel-says-it-cant-rule-climate-case-brought-by-greta-thunberg-2021-10-11/.

3.Colchester, M. (2021, October 12). U.N. Says It Can’t Rule on Climate Complaint by Greta Thunberg, Others. Wall Street Journal. Retrieved November 1, 2021, from https://www.wsj.com/articles/u-n-says-it-cant-rule-on-climate-complaint-by-greta-thunberg-others-11634065484.

4.Euronews. (2021, October 13). The Greta Thunberg-UN climate case singles out the wrong countries | View. Retrieved November 1, 2021, from https://www.euronews.com/2021/10/12/the-greta-thunberg-un-climate-case-singles-out-the-wrong-countries-view.

5. Uebel, B. (2021, October 20). UN Committee on the Rights of the Child Turns Its Back on Climate Change Petition from Greta Thunberg and Children from Around the World. Earthjustice. Retrieved November 1, 2021, from https://earthjustice.org/news/press/2021/un-committee-on-the-rights-of-the-child-turns-its-back-on-climate-change-petition-from-greta-thunberg-and.

[1] Sclafani, J. (2021, October 12). UN cannot rule on climate case brought by Greta Thunberg and youth activists. Axios. Retrieved November 1, 2021, from https://www.axios.com/un-climate-youth-greta-thunberg-7907b889-2a98-4b42-bf52-59a8e8d49da5.html.

[2]Euronews. (2021, October 13). The Greta Thunberg-UN climate case singles out the wrong countries | View. Retrieved November 1, 2021, from https://www.euronews.com/2021/10/12/the-greta-thunberg-un-climate-case-singles-out-the-wrong-countries-view.

[3]Euronews. (2021, October 13). The Greta Thunberg-UN climate case singles out the wrong countries | View. Retrieved November 1, 2021, from https://www.euronews.com/2021/10/12/the-greta-thunberg-un-climate-case-singles-out-the-wrong-countries-view.

[4]Sclafani, J. (2021, October 12). UN cannot rule on climate case brought by Greta Thunberg and youth activists. Axios. Retrieved November 1, 2021, from https://www.axios.com/un-climate-youth-greta-thunberg-7907b889-2a98-4b42-bf52-59a8e8d49da5.html.

[5]Farge, E. (2021, October 12). U.N. panel says it can’t rule on climate case brought by Thunberg. Reuters. Retrieved November 1, 2021, from https://www.reuters.com/business/environment/un-panel-says-it-cant-rule-climate-case-brought-by-greta-thunberg-2021-10-11/.

[6]Euronews. (2021, October 13). The Greta Thunberg-UN climate case singles out the wrong countries | View. Retrieved November 1, 2021

[7]Colchester, M. (2021, October 12). U.N. Says It Can’t Rule on Climate Complaint by Greta Thunberg, Others. Wall Street Journal. Retrieved November 1, 2021,

[8]Uebel, B. (2021, October 20). UN Committee on the Rights of the Child Turns Its Back on Climate Change Petition from Greta Thunberg and Children from Around the World. Earthjustice. Retrieved November 1, 2021

[9]Farge, E. (2021, October 12). U.N. panel says it can’t rule on climate case brought by Thunberg. Reuters. Retrieved November 1, 2021 ; Euronews. (2021, October 13). The Greta Thunberg-UN climate case singles out the wrong countries | View. Retrieved November 1, 2021

[10]Uebel, B. (2021, October 20). UN Committee on the Rights of the Child Turns Its Back on Climate Change Petition from Greta Thunberg and Children from Around the World. Earthjustice. Retrieved November 1, 2021,

[11]Farge, E. (2021, October 12). U.N. panel says it can’t rule on climate case brought by Thunberg. Reuters. Retrieved November 1, 2021

[12]Euronews. (2021, October 13). The Greta Thunberg-UN climate case singles out the wrong countries | View. Retrieved November 1, 2021

[13]Sclafani, J. (2021, October 12). UN cannot rule on climate case brought by Greta Thunberg and youth activists. Axios. Retrieved November 1, 2021

[14]Farge, E. (2021, October 12). U.N. panel says it can’t rule on climate case brought by Thunberg. Reuters. Retrieved November 1, 2021

[15]Sclafani, J. (2021, October 12). UN cannot rule on climate case brought by Greta Thunberg and youth activists. Axios. Retrieved November 1, 2021

[16]Colchester, M. (2021, October 12). U.N. Says It Can’t Rule on Climate Complaint by Greta Thunberg, Others. Wall Street Journal. Retrieved November 1, 2021

[17]Sclafani, J. (2021, October 12). UN cannot rule on climate case brought by Greta Thunberg and youth activists. Axios. Retrieved November 1, 2021, from https://www.axios.com/un-climate-youth-greta-thunberg-7907b889-2a98-4b42-bf52-59a8e8d49da5.html.