Jóvenes v. Gobierno de México (Youth v Mexico)

Date of Application:	Wed, 02 Sep 2020
Date of Decision:	Thu, 21 Sep 2023
Decision Making Body:	District Court in Administrative Matters, Mexico
Law Applied:	Constitution of Mexico General Law on Climate Change, Mexico
Keywords:	Standing

Jóvenes v. Gobierno de México (Youth v Mexico) 1854/2019 

At Issue: Youth sought climate action by federal government. 

Summary: On September 21, 2023, the Collegiate Court that heard the appeal decided to reverse the Judge’s decision to dismiss the case for a lack of legal standing. The Collegiate Court decided that the plaintiffs did have legal standing to file the lawsuit. 

The jurisprudential criteria in environmental cases in Mexico to know whether a person has standing or not, is that there must be a link between the plaintiffs who claim to be right holders and the environmental services provided by the ecosystem allegedly violated. In this case, since it is climate change, a direct link with the ecosystem cannot be argued. 

However, the Collegiate Court determined that the link between the plaintiffs’ right to health and to a healthy environment, and the environmental services provided by the ecosystem allegedly violated, is proven by the fact that they live in Mexico and the legal norms and plans that they claim have not been issued by the responsible authorities in compliance with the General Law on Climate Change, could have an impact on the entire national territory. This means that all the ecosystems of the country will benefit from the provisions, rules, plans and strategies that must be issued, since their purpose will be to counteract the effects and prevent possible damages derived from climate change, which is a phenomenon that impacts the entire planet and not only a specific place. 

In addition, the case was analyzed considering the principle of citizen participation and the correlative principle of public initiative in environmental matters, as well as the precautionary principle. 

Therefore, regarding the legal standing, the Court decided that the plaintiffs have standing to file the lawsuit.

In relation to the merits of the case, the Collegiate Court sent the case to the Mexican Supreme Court.

On August 28, 2024, the Supreme Court decided not to hear the case on the merits. Then, the Collegiate Court will have to solve the merits of the case.

Youth v. Government of Mexico - Climate Change Litigation (climatecasechart.com) 

Summary provided courtesy of the Sabin Centre 

 

Court documents: 

Complaint (Spanish) 2 September 2020

Decision (Spanish) 21 September 2023

 

Related CRC articles

• 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)

In finding that the claimants have standing, the Collegiate Court finds that their right to health and a healthy environment may be affected by climate change. 

In the decision on standing, the court considered the principle of citizen participation and the correlative principle of public initiative in environmental matters, as well as the precautionary principle. 

Involvement of children in hearings

• Written presentation

It seems the youth only interacted with the court through the pleadings. 

The court a quo dismissed the application because it found that the youth do not have standing.  

This was overturned by the appeal court. 

 

Future generations

Outcome of decision for the applicants

• Decision pending

The court a quo dismissed the application because it found that the youth do not have standing.  

This was overturned by the Collegiate Court which found that the complainants have standing.  

The case will now be considered by the Appeal Court for a decision on the merits.  

Involvement of NGO/law firm in application

NGO 

Mexico — Our Children's Trust (ourchildrenstrust.org) 

 

Lawyers 

Defensa Ambiental del Noroeste (DAN) 

Available information on how children got involved in the litigation

Mexico — Our Children's Trust (ourchildrenstrust.org) 

Youth v. Gov — Youth v. Gov (youthvgov.org) 

Age range of litigants

• 13-17
• 18-25

Number of children or youth involved

15