Case Law Database
Children’s petition to the UN Secretary General to declare a climate emergency
| Date of Application: | Wed, 10 Nov 2021 |
|---|---|
| Decision Making Body: | UN Secretary General |
| Law Applied: | Convention on the Rights of the Child Paris Agreement |
| Keywords: | Climate emergency |
Children’s petition to the UN Secretary General to declare a climate emergency
10 Nov 2021
At Issue: Whether the UN Secretary-General should declare a climate emergency.
Summary: On November 10, 2021, 14 youth climate activists from around the world (the same petitioners from Sacchi v. Argentina) submitted a petition to United Nations (U.N.) Secretary-General António Guterres asking him to declare a climate emergency. The petitioners rely on the impacts of climate change on human rights, specifically the rights of children as recognized by the U.N. and its several agencies, including the recent decision of the Committee on the Rights of the Child. The petitioners call on the Secretary-General and the Inter-Agency Standing Committee (IASC) to declare a systemwide, Level 3 climate emergency at the U.N. The petitioners further encourage the IASC and the Chief Executives Board for Coordination (CEB) to mobilize a U.N. Comprehensive Response to the Climate Emergency and activate a crisis management team to oversee immediate and comprehensive global action on climate.
Declaring a Level 3 Emergency, the U.N.’s highest designation, would mean placing climate action at the top of the agenda for each U.N. agency. This would ensure that U.N. resources and personnel can be deployed rapidly to dispatch aid and scientific expertise to countries most vulnerable to climate disasters. It would also ensure that the U.N. can help countries meet their emission reduction pledges on an urgent, emergency basis. The petitioners assert that a U.N. Comprehensive Response to the Climate Emergency is necessary (i) as international human rights law requires states to mitigate greenhouse gas emissions that have transboundary effects, (ii) to address the fundamental inequities of climate change, and (iii) to provide a legal response to the youth and fulfil the U.N. Charter’s promise to protect succeeding generations.
According to the petitioners, the U.N.’s response to the COVID-19 pandemic provides the blueprint for climate action. In the face of the pandemic, the Secretary-General and the IASC mobilized a U.N. Comprehensive Response to the global health crisis and activated a U.N. Crisis Management Team. The petitioners argue that the climate emergency warrants a similar response as a threat as serious and urgent as the global pandemic.
Summary provided courtesy of the Sabin Centre
Court documents:
Related CRC articles
- 2. Right to non-discrimination (CRC Article 2)
- 4. States will take measures for the implementation of the CRC (CRC Article 4)
- 6. Right to life, survival and development (CRC Article 6)
- 12. Right to express views freely and have these taken into account (CRC Article 12)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
- 27. Right to an adequate standard of living (CRC Article 27)
- 30. Right to minority culture, language, religion (CRC Article 30)
- 31. Right to rest, play, leisure and participate in cultural activities (CRC Article 31)
Par 14. A UN Comprehensive Response to the Climate Emergency is also necessary to address the fundamental inequities of climate change. The burden of climate change falls disproportionately on those with the least power to stop it: children and developing nations.
The children detail how their health, play and cultural activities are affected. They recount how they have made their voices heard.
Cited CRC articles
- CRC Optional Protocols
The petitioners refer to the CRC Committee's Sacchi case.
Par 13. In accordance with the principle of common but differentiated responsibility, as reflected in the Paris Agreement, the Committee finds that the collective nature of the causation of climate change does not absolve the State party of its individual responsibility that may derive from the harm that the emissions originating within its territory may cause to children, whatever their location.
Involvement of children in hearings
- Written presentation
The petitioners have submitted a written statement to the UN Secretary General.
Intergenerational rights
Par 14. A UN Comprehensive Response to the Climate Emergency is also necessary to address the fundamental inequities of climate change. The burden of climate change falls disproportionately on those with the least power to stop it: children and developing nations.
Future generations
Par 9. The United Nations was formed to protect international peace and security, to “save succeeding generations,” and to “promote social progress and better standards of life.” ... climate change is the greatest threat to children today, requiring international coordination and cooperation at all levels to protect “the global climate for the well-being of present and future generations of humankind.”
Par 15. The UN Charter promises to protect succeeding generations.
Outcome of decision for the applicants
- Decision pending
Did outcome of decision develop the law
- Not sure
Age range of litigants
- 8-12
- 13-17
Number of children or youth involved
14