On 24 March 2021, the First Senate of the German Constitutional Court (Bundesverfassungsgericht) rendered its long-awaited decision on four constitutional complaints [1] brought in relation to Germany’s Federal Climate Change Act (Bundes-Klimaschutzgesetz) of 2019. The plaintiffs – some of whom are young climate activists – had alleged, in part , that the Act violates the fundamental rights of future generations by failing to prescribe in sufficient detail a long-term pathway for …
28 April 2021 United States President Joe Biden has prioritized achieving environmental justice and combatting climate change, following up on campaign pledges. The Biden Administration’s focus on climate change is evident in early Executive Orders (EOs) [i] and in the April 22 Climate Summit that he convened. President Biden’s focus on environmental justice (EJ) is manifested in the same EOs. He …
Brazilian indigenous leaders have requested the International Criminal Court (ICC) prosecutor, Fatou Bensouda, to investigate [i] President Jair Bolsonaro for ‘crimes against humanity’, accusing him of unprecedented environmental damage, killings, and persecution. Chief Raoni Metuktire, the leader of the Kayapo people, and Chief Almir Narayamoga Surui, leader of the Paiter Surui tribe, filed the claim at the Hague-based body on 22 …
On 22 December 2020, Norway’s Supreme Court handed down its judgment in the closely followed climate lawsuit based on the constitutional right to a healthy environment, known as the Norwegian Arctic Oil case . The appeal was brought to the Supreme Court by environmental groups that disputed an administrative decision, based on a 2013 legislation, which authorised the administration to grant licences to oil …
In an amicus curiae brief submitted in the Norwegian Artic Oil case currently pending before the Norwegian Supreme Court, UN Special Rapporteur on human rights and the environment , David R. Boyd, and UN Special Rapporteur on hazardous substances and wastes , Marcos A Orellana, argued that “the justiciability of the right to a healthy environment empowers citizens and civil society, strengthening democratic decision-making and fostering accountability for political decisions. Access to justice is itself a fundamental human right, including in the …
Quick summary During the 75th session of the UN General Assembly (UNGA), the Third Committee, tasked with addressing human rights issues and concerns, ran from 5 October – 20 November at UN Headquarters in New York, and online (due to the COVID-19 pandemic). This year’s Third Committee featured presentations by a number of senior UN officials, including Ms. Michelle Bachelet, the High Commissioner for Human …
A finales de Julio, el mundo celebró el décimo aniversario del reconocimiento universal del derecho al agua y saneamiento por la Asamblea General de la ONU (AG). Para marcar la ocasión, el Relator Especial de la ONU sobre los derechos a agua potable limpia y saneamiento, Léo Heller, lanzó un pronunciamiento (que puede leer aquí) en el cual aclamó este …
