Case Law Database
Environmental Justice Australia (EJA) v. Australia
| Date of Application: | Mon, 25 Oct 2021 |
|---|---|
| Decision Making Body: | UN Special Rapporteurs (Environment; Indigenous Peoples; Persons with Disabilities) |
| Law Applied: | Convention on the Rights of the Child International Covenant on Civil and Political Rights International Human Rights Law Paris Agreement |
| Keywords: | NDC, indigenous rights, disability rights |
Environmental Justice Australia (EJA) v. Australia
At Issue: Whether Australia is violating human rights of young people by presenting inadequate Nationally Determined Contributions.
Summary: On October 25, 2021, Environmental Justice Australia (EJA) submitted a complaint to the United Nations Special Rapporteur on Human Rights and the Environment, Special Rapporteur on the rights of Indigenous peoples, and Special Rapporteur on the rights of persons with disabilities over the Australian government’s inaction on climate change. The complaint was submitted on behalf of five young Australians aged between 14 and 24 years old. It relies on the particular climate vulnerability of young people, First Nations people and people with disabilities, as climate change exacerbates existing inequalities and directly undermines their health and cultural rights.
The complainants rely on the recently recognized right to a clean, healthy and sustainable environment by the U.N. Human Rights Council and the Paris Agreement’s acknowledgment that climate change is a human rights issue. The complainants assert that the Australian government is in breach of the Paris Agreement and multiple United Nations instruments, including the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the United Nations Declaration on the Rights of Indigenous Peoples. It further relies on the Committee on the Rights of the Child’s recent decision in Sacchi v. Argentina, noting the particular harms of climate change to children and the government’s heightened obligations. The potential rights violations include the right to health, life, family relations, adequate standard of living, education, freedom from any form of violence or exploitation and recreation and play, as well as the right to a healthy environment. The complainants also argue that the material contribution of Australia to climate harms violates the rights of First Nations peoples’ and disabled people as recognized in international law.
The complaints ask the Special Rapporteurs to seek explanation from Australia on (i) how the country’s climate inaction is consistent with the human rights obligations, (ii) how the current conduct is compatible with human rights of young Australians and a 1.5oC pathway, and (iii) how the current Nationally Determined Contribution has involved young people in Australia and whether the State will establish a permanent forum to include young people from impacted communities. The complaint further asks the Special Rapporteurs to urge Australia to set a 2030 target that is consistent with its human rights obligations.
Summary provided courtesy of the Sabin Centre
Court documents:
Related CRC articles
- 2. Right to non-discrimination (CRC Article 2)
- 3. Right to have child’s/children’s best interests taken as primary consideration in all matters affecting them (CRC Article 3)
- 6. Right to life, survival and development (CRC Article 6)
- 9. Right to live with and have contact with both parents unless this is not in the child’s best interests (CRC Article 9)
- 10. Right to family reunification (CRC Article 10)
- 16. Right to privacy, family, home, communications and reputation (CRC Article 16)
- 17. Right to access to information (CRC Article 17)
- 23. Rights of disabled children (CRC Article 23)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
- 27. Right to an adequate standard of living (CRC Article 27)
- 28. Right to access education (CRC Article 28)
- 29. Right to the aims of education to help you reach your potential, education on human rights etc (CRC Article 29)
- 30. Right to minority culture, language, religion (CRC Article 30)
- 31. Right to rest, play, leisure and participate in cultural activities (CRC Article 31)
- 32. Right to protection from harmful work (CRC Article 32)
- 34. Right to protection from sexual abuse (CRC Article 34)
- 36. Right to protection from all forms of exploitation (CRC Article 36)
- 43. Procedural CRC provisions (CRC Articles 43-54)
The applicants cite all the above rights directly from the CRC.
The potential rights violations include the right to health, life, family relations, adequate standard of living, education, freedom from any form of violence or exploitation and recreation and play, as well as the right to a healthy environment.
Cited CRC articles
- 2. Right to non-discrimination (CRC Article 2)
- 3. Right to have child’s/children’s best interests taken as primary consideration in all matters affecting them (CRC Article 3)
- 6. Right to life, survival and development (CRC Article 6)
- 9. Right to live with and have contact with both parents unless this is not in the child’s best interests (CRC Article 9)
- 10. Right to family reunification (CRC Article 10)
- 16. Right to privacy, family, home, communications and reputation (CRC Article 16)
- 17. Right to access to information (CRC Article 17)
- 23. Rights of disabled children (CRC Article 23)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
- 27. Right to an adequate standard of living (CRC Article 27)
- 28. Right to access education (CRC Article 28)
- 29. Right to the aims of education to help you reach your potential, education on human rights etc (CRC Article 29)
- 30. Right to minority culture, language, religion (CRC Article 30)
- 31. Right to rest, play, leisure and participate in cultural activities (CRC Article 31)
- 32. Right to protection from harmful work (CRC Article 32)
- 34. Right to protection from sexual abuse (CRC Article 34)
- 36. Right to protection from all forms of exploitation (CRC Article 36)
- 43. Procedural CRC provisions (CRC Articles 43-54)
The potential rights violations include the right to health, life, family relations, adequate standard of living, education, freedom from any form of violence or exploitation and recreation and play, as well as the right to a healthy environment.
CRC General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24).
Footnote 54. Committee on the Rights of the Child, Decision adopted by the Committee on the Rights of the Child under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure in respect of Communication No. 104/2019, 8 October 2021, CRC/C/88/D/104/2019.
Reference to the Sacchi case under the additional protocol.
Involvement of children in hearings
- Written presentation
In addition to the submission, each young person made a statement in their own name and voice.
Intergenerational rights
Par 27 - “Rather than heeding to heightened obligations though, the Australian government is threatening the current and future health of young people in Australia, by ignoring the principle of intergenerational equity, and remaining stubborn on its insufficient and non-compliant NDC.”
Par 46 - “Despite this, the Australian government has likely breached and will continue to breach each of these instruments through inaction on climate change, and ignoring the present and future threat of intergenerational injustices to young people in Australia.”
Youth statement - “It is so worrying knowing that future generations will experience a more complex form of intergenerational trauma, which is so intricate and formed of many factors.”
Future generations
Children’s statements - “I really want the Australian government to take climate change serious. It is for all of our futures and for future generations to come. I don’t understand their ignorance.”
“It is so worrying knowing that future generations will experience a more complex form of intergenerational trauma, which is so intricate and formed of many factors.”
“I feel the responsibility to address the climate crisis, because it concerns my entire future, whereas the world's current leaders have the luxury of ignoring the issue and passing down the catastrophic consequences onto future generations. I believe this is unjust and a violation of my rights as a young person and as a human being, and that the government should feel the responsibility to safeguard the future of all youth in Australia and youth around the world in the same that way I do.”
Outcome of decision for the applicants
- Decision pending
Did outcome of decision develop the law
- Not sure
Involvement of NGO/law firm in application
Environmental Justice Australia (EJA)
Available information on how children got involved in the litigation
Age range of litigants
- 13-17
- 18-25
Number of children or youth involved
5