Case Law Database

Request to the African Court for an advisory opinion on the climate crisis

Date of Application:	Fri, 02 May 2025
Decision Making Body:	African Court on Human and Peoples’ Rights
Law Applied:	African Charter on Human and Peoples’ Rights African Charter on the Rights and Welfare of the Child
Keywords:	State obligations, Ancestral rights
	Full Case Details - Download Full Judgment (pdf)

Request for an advisory opinion on the human rights obligations of African states in addressing the climate crisis (2025) 001/2025 African Court on Human and Peoples' Rights

At issue: The petition requests an Advisory Opinion from the African Court to clarify the human rights obligations of African states in addressing the climate crisis. It focuses on protecting vulnerable populations and ensuring equitable climate action.

Summary: On May 2, 2025, the Pan African Lawyers Union (PALU), supported by civil society organizations including the African Climate Platform, Natural Justice, Resilient40, and the Environmental Lawyers Collective for Africa, filed a petition before the African Court on Human and Peoples’ Rights requesting an Advisory Opinion on the human rights obligations of African states in the context of climate change. The request was submitted pursuant to Article 4 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. The petition seeks the Court’s interpretation of regional human rights instruments, notably the African Charter on Human and Peoples’ Rights, the Maputo Protocol, the Kampala Convention, and the African Charter on the Rights and Welfare of the Child, as they relate to climate change. It argues that climate change poses a significant threat to numerous rights protected under these instruments, including the rights to life, health, food, water, housing, development, dignity, a healthy environment, and the rights of vulnerable groups such as women, children, Indigenous peoples, people with disabilities, and internally displaced persons. The applicants request the Court to clarify states’ obligations regarding: • Legal standards for climate change mitigation, adaptation, resilience, and the redress of loss and damage; • The protection of environmental defenders and affected communities from reprisals; • Participation, transparency, and accountability in climate-related decision-making; • The just and equitable transition to low-carbon energy systems; • The regulation of third-party conduct, particularly that of multinational corporations; • The decolonization of natural resource governance frameworks. The petition emphasizes the disproportionate impact of climate change on Africa, despite the continent’s minimal contribution to historical greenhouse gas emissions. It calls on the Court to affirm that African states have an obligation to protect their populations from climate-related harms and to ensure human rights are safeguarded in all climate action.

In early 2026, the African Committee on the Rights and Welfare of the Child submitted observations to the African Court on the case.

The African Court has appointed several Amici Curiae, and many more are awaiting the outcome of their applications to be admitted as such. The deadline for Amici submissions is 31 March 2026.

Request for an advisory opinion on the human rights obligations of African states in addressing the climate crisis - The Climate Litigation Database

Summary provided courtesy of the Sabin Centre

Court documents:

Request (2 May 2025)

Observations by the African Committee on the Rights and Welfare of the Child on the Request for an Advisory Opinion (2026)

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)
26. Right to social security (CRC Article 26)
28. Right to access education (CRC Article 28)

In the petition:

"67. According to a UNICEF report, 112 children have been ignored in the response to Climate Change, despite their unique vulnerability. Only 2.4% of climate finance from key multilateral climate funds support projects incorporating child-responsive activities. This is further affirmed in the case of, African Climate Alliance & Others v Minister of Minerals Resources and Energy & Others, in so far as children and future generations need to be considered in key processes."

"130. Children have a right to be part of and involved in the processes and procedures that will impact their future and other future generations failure to do so will violate their right to an environment that is not harmful to their health or well-being."

"133. In view of the foregoing, States, in particular African States have a positive duty to enact legislation aimed at protecting the environment’s finite resources for the benefit of ‘future generations.’ This includes but is not limited to taking measures to mitigate greenhouse gas emissions, promoting sustainable development, and protecting the rights of future generations. Since children will be the major beneficiaries of the environment, it is prudent that their interests are placed before those of anyone else. In every decision affecting children, their best interests ought to be paramount, and State parties to conventions in Africa have a duty to protect present and arriving children’s human rights."

"172.PALU’s request is grounded in the African Charter and other regional and international human rights and climate change instruments. PALU emphasizes the right to a general satisfactory environment (Article 24 of the African Charter) as a preeminent provision, noting that it imposes clear obligations on States to prevent pollution, promote conservation, and ensure ecologically sustainable development. This right is linked to the right to health (Article 16), development (Article 22), and life (Article 4), highlighting that the enjoyment of these rights is interdependent in the context of climate change. The right to a satisfactory environment implies State duties to reduce emissions, promote sustainable practices, provide information, ensure public participation, and cooperate internationally."

"32. The droughts and resulting hunger and malnutrition in Southern Africa implicate a host of fundamental rights, including the right to life (Art. 4) and the right to health (African Charter, art. 16). The disruption of agricultural livelihoods and to access sufficient water also threatens the right to a satisfactory environment conducive to development (African Charter, arts. 21, 22, 24). The cases in Southern Africa also highlight the disproportionate impact of the climate crisis on women and girls, including impacts on their
right to education (African Charter, art. 17) and their right to equality and freedom from discrimination (African Charter, art. 18(3)) as well as their right to protection of their family and social welfare (African Charter, art. 18(1)).

Involvement of children in hearings

Written presentation

The drafters held several convenings to gather input on the draft, including youth organisations.

Intergenerational rights

In the petition:

"129. Intergenerational equity is a key component to sustainability. This translates to protecting the environment and its finite natural resources from exhaustion and extinction to enable the future generations to enjoy its utility. The ‘future generations’ in this instance are both the children living in the present day and those to be born in the future. Consequently, intergenerational equity deals with the protection and fulfilment of the rights of children."

"174. PALU emphasizes that African States have a fourfold obligation under international human rights law: to respect, protect, promote and implement the guaranteed rights, including a positive duty to undertake measures ensuring effective dissemination and enjoyment of these rights. Concepts such as "Sustainable Development,” “Sustainable Use,” and “Intergenerational Equity” are presented as crucial interpretative tools for framing State obligations."

Future generations

In the petition:

"67. ...as children and future generations need to be considered in key processes."

"93. (a) What, if any, are the States' specific human and peoples’ rights obligations to protect and safeguard the rights of individuals and peoples of the past (ancestral rights), present and future generations affected by the adverse and negative impacts of climate change, considering the relevant provisions of the African Charter?
(b) Given the unique and significant implications of the responsibilities and duties to vulnerable individuals and populations, whether State parties to the African Charter on Human and Peoples' Rights (the Charter) have positive obligations to protect vulnerable populations including environmental human rights defenders, indigenous communities, women, children, youth, future generations, the current generation, past generations, the elderly and people with disabilities from the impact of climate change in line with the
relevant treaties?"

"100. African States, as custodians of the environment under both international and national law, have obligations to protect the rights to a satisfactory and clean environment, health, life, water, and sanitation, for both present and future generations in light of the negative impacts of climate change."