Case Law Database
Indonesian Youths & others v. Indonesia
| Date of Application: | Thu, 14 Jul 2022 |
|---|---|
| Decision Making Body: | OHCHR - Human Rights Committee |
| Law Applied: | Constitution of Indonesia United Nations Framework Convention on Climate Change |
| Keywords: | Access to Justice |
Indonesian Youths & others v. Indonesia
At Issue: Whether the Indonesian government has violated its human rights obligations to Indonesian children and other vulnerable groups, by contributing to climate change and failing to take action to minimize climate risks.
Summary: On July 14th 2022, 14 applicants filed a complaint against the Indonesian government to the Indonesian National Human Rights Commission. The complainants are youth and affected groups from various generations and regions in Indonesia who are affected by climate change. The complainants claimed that climate change has caused the complainants to face life-threatening hazards, reduced physical and mental well-being, increased health risks, food and water insecurity, along with disruption to their education and livelihoods. The complainants stated that they had experienced various impacts caused by climate change including 1) heat waves that caused death and heat-related illness and decreased productivity of outdoor works; 2) sea level rise which causes coral reef bleaching and declining fish stocks, causing food and job insecurity in tourism and fisheries; 3) an increase in extreme heat and rainfall brings disease, water and food insecurity; 4) the occurrence of tidal flooding, high waves, and strong winds due to sea level rise endangering lives and causing loss of shelter and vulnerability to food and water; and 5) complainants' aggravated mental health.
The complainants claim that the Indonesian government has violated their human rights guaranteed by the Indonesian constitution, by not taking the necessary mitigation and adaptation measures to prevent temperature rises above 1.5 degrees. The claim came from the fact that: 1) Indonesia is still heavily dependent on deforestation and fossil fuels, especially coal for economic growth; 2) Indonesia has inadequate emission reduction targets; 3) Indonesia still allocates significant available resources to support carbon-intensive industries; 4) Indonesia does not integrate adaptation planning into domestic policies and budgeting 5) Indonesia fails to ensure that social protection mechanisms work to reduce vulnerability to disasters and climate-related stresses; and 6) Indonesia does not prioritize nature-based adaptation. The complaint alleges that Indonesia government’s insufficient action on climate change has violated the following rights under Indonesia constitution: 1) the right to life and the right to a good and healthy environment, 2) the right to develop oneself through the fulfillment of basic needs, 3) the right to food and water, 4) the right to education, 5) the right to work and earn a decent living, and 6) children's rights.
Indonesian Youths and others v. Indonesia - Climate Change Litigation (climatecasechart.com)
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)
- 12. Right to express views freely and have these taken into account (CRC Article 12)
- 17. Right to access to information (CRC Article 17)
- 19. Right to protection from violence, abuse and neglect (CRC Article 19)
- 22. Rights of migrant and refugee children (CRC Article 22)
- 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)
- 32. Right to protection from harmful work (CRC Article 32)
Non-discrimination – Para 91. Equality between the generations. Par 208. Policies must be based on non-discrimination principle.
Best interests – paras 115, 238.
- 5.6. By not considering the best interests of children in its climate actions, the Government has violated children's rights
- i. Provide accessible, affordable, and publicly understandable information on the causes and consequences of the global climate crisis, including incorporating climate change into educational curricula at all levels;
Right to life – par 7.
Right to play. Par 239. “rest, socialize with children of the same age, play, recreation, and create according to their interests, talents, and intelligence levels for the sake of selfdevelopment”.
Freedom from abuse – Paras 74, 243. Climate change-related disasters will disrupt child protection systems and exacerbate tensions and pre-existing conflicts, leaving children vulnerable to abuse, child labor, trafficking, and other forms of exploitation.
Right to an adequate standard of living – Par 205. In international human rights law, the right to self-development reflects the international framework on the right to development and right to an adequate standard of living.
Right to be heard; right to information; right to education – Par 5(d) remedy
“d) Ensure an inclusive, fair, open, and effective approach to public participation in decision-making on climate change as an issue affecting human rights, including by: (i) Provide accessible, affordable, and publicly understandable information on the causes and consequences of the global climate crisis, including incorporating climate change into educational curricula at all levels; (ii) Require meaningful public consultation before permitting carbon-intensive projects that will impact Indonesia's net emissions or Indonesia's ability to adapt to climate change; (iii) Disclosing to the public the relevant documents and data, such as licensing information and environmental impact analysis, which includes an assessment of cumulative GHG impacts and other climate impacts, that informs the decision.”
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)
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
- 28. Right to access education (CRC Article 28)
- 32. Right to protection from harmful work (CRC Article 32)
- 43. Procedural CRC provisions (CRC Articles 43-54)
[219] In recognizing the right to food and water, the Indonesian courts also consider the fact that Indonesia is a party to several international treaties that recognize the right to food and the right to water.
[228] International treaties place some of the same core obligations on States, including providing free and compulsory primary education ... and abolishing discrimination and ensuring freedom of choice of education.
[234] In international law, the right to work includes the basic right to choose work freely ... and the right to protection against unemployment.
[238] Indonesia is required to make the best interests of children the main consideration in the implementation of children's rights based on the [Convention] ... and other related agreements that have been ratified by Indonesia.
[201] The [CRC] has recognized that climate change is “one of the greatest threats to children's health” and has urged States Parties to place children's health concerns at the center of their climate change adaptation and mitigation strategies.
Footnote 479. The [CRC] has explained further by asserting that 'Loss of areas for subsistence agriculture or access to fishery resources has implications for children's rights to education and cultural rights when traditional ways of life are closely linked to the environment are eliminated'.
Involvement of children in hearings
- Written presentation
From available information only written submissions to the court were made through the lawyers in the complaint.
Intergenerational rights
Para 90(b). Reliance on the principle as found in the Paris agreement and domesticated.
Para 91. Referring to Indonesia’s recognition of equality between generations.
Para 248. Addressing climate change also raises issues of justice and equity, particularly across generations.
Future generations
Par 112. Ensure that adaptation measures do not reduce the vulnerability of one group at the expense of others, future generations, or the environment.
Also at paras 182, 192, 241, 248.
Outcome of decision for the applicants
- Decision pending
Did outcome of decision develop the law
- Not sure
Age range of litigants
- 0-7
- 8-12
- 13-17
- 18-25
Number of children or youth involved
5