Case Law Database
Future Generations v. The Ministry of the Environment (Colombia)
| Date of Application: | Mon, 29 Jan 2018 |
|---|---|
| Date of Decision: | Thu, 05 Apr 2018 |
| Decision Making Body: | Supreme Court, Colombia |
| Law Applied: | Constitution of Colombia United Nations Framework Convention on Climate Change |
| Keywords: | Right to a healthy environment, Right to life, Right to health, Dignity, Rights of nature, Intergenerational equity, Participation, Future generations, Best interests |
Demanda Generaciones Futuras v. Minambiente (Colombia)
Future Generations v. The Ministry of the Environment
STC 4360-2018
At Issue: Youth plaintiffs seek to enforce fundamental rights to a healthy environment which they claim are threatened by climate change and deforestation.
Summary: According to a press release and copy of the complaint obtained from the organization Dejusticia, 25 youth plaintiffs between the ages of 7 and 26 years old have sued several bodies within the Colombian government, Colombian municipalities, and a number of corporations to enforce their claimed rights to a healthy environment, life, health, food, and water. The plaintiffs allege that climate change along with the government's failure to reduce deforestation and ensure compliance with a target for zero-net deforestation in the Colombian Amazon by the year 2020, (as agreed under the Paris Agreement and the National Development Plan 2014-2018), threatens plaintiffs’ fundamental rights. The youth plaintiffs have filed a special constitutional claim called a “tutela” used to enforce fundamental rights.
A lower court ruled against the youth plaintiffs. Youth plaintiffs filed an appeal on February 16, 2018.
On April 5, 2018, the Supreme Court reversed the lower court decision, recognizing that the "fundamental rights of life, health, the minimum subsistence, freedom, and human dignity are substantially linked and determined by the environment and the ecosystem." It further recognized the Colombian Amazon as a “subject of rights” in the same manner that the Constitutional Court recognized the Atrato River. The Supreme Court declared that the Colombian Amazon accordingly was entitled to protection, conservation, maintenance, and restoration. The Court ordered the government to formulate and implement action plans to address deforestation in the Amazon.
Summary provided courtesy of the Sabin Centre
Court documents (in Spanish only):
Complaint 29 January 2018 (Spanish)
Decision of the lower court 12 February 2018 (Spanish)
Supreme Court decision 5 April 2018 (Spanish)
Unofficial Translation of Excerpts from the Supreme Court Decision (English)
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)
- 12. Right to express views freely and have these taken into account (CRC Article 12)
- 16. Right to privacy, family, home, communications and reputation (CRC Article 16)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
- 27. Right to an adequate standard of living (CRC Article 27)
The decision refers to the rights to life, health, minimum sustenance, freedom, human dignity, a healthy environment, family, to participate, and the best interest of the child.
Cited CRC articles
- 3. Right to have child’s/children’s best interests taken as primary consideration in all matters affecting them (CRC Article 3)
The complaint refers directly to article 3 on the best interests of the child.
Involvement of children in hearings
- Written presentation
The children’s circumstances are set out in the papers.
Intergenerational rights
The applicants say that intergenerational equity should exist between previous, current, and future generations, but also between young and older existing generations.
The amicus curiae argues that the principle of intergenerational equity compels action without further delay so as not to burden disproportionately young persons and future generations.
The supreme court makes and order directing the government to facilitate participation between generations with the aim of designing and adopting an intergenerational plan for the life of the Amazon.
Future generations
The Amicus curiae argues that “the principles of solidarity, participation, and the best interest of children counsel consideration of interests retained by persons beyond those wielding present political authority. Considered interests, as well, must not be limited to those within the specific region of this Court’s usual jurisdiction. Neither should they be limited to those of the present generation.”
The supreme court finds:
“p. 21 What has been stated then, develops a binding legal relationship regarding the environmental rights of future generations, such as an “omission,” whose impact translates into a limitation to the freedom of action of present generations, while simultaneously implicitly demanding new burdens of environmental commitments, to the extent that they take on the care and stewardship of natural resources and the future world”
Outcome of decision for the applicants
- Relief sought by applicants granted
The court orders the government to facilitate the active participation of affected communities in the adoption of a plan “intergenerational pact for the life of the Colombian Amazon".
Did outcome of decision develop the law
- Yes
- The decision places a strong emphasis on the rights of the unborn, future generations, and intergenerational equity.
- Recognises the rights of future generations and says they are based on the (i) ethical duty of the solidarity of the species and (ii) on the intrinsic value of nature.
- The court relies on the principles of solidarity and participation, and the best interest of the child.
- The court uses novel remedies to order interaction between generations with the aims of designing and adopting a plan for the life of the Amazon.
Involvement of NGO/law firm in application
NGOs:
- Dejusticia (Colombia)
Available information on how children got involved in the litigation
Video: Colombian Youth File the First Climate Change Lawsuit in Latin America: What is it about?
Age range of litigants
- 0-7
- 8-12
- 13-17
- 18-25
Number of children or youth involved
25