Students from the Republic of Vanuatu, located in Oceania, are engaged in a war against climate change.
In a significant development for the global youth climate movement, the highest tribunal in the world, the Supreme Court, has sided with young activists, according to Rodríguez Orué. This ruling is seen as an essential tool to bolster lawsuits and propel them to the next level.
The momentum began with a lawsuit filed against the Costa Rican state, seeking environmental information regarding the fulfillment of climate goals. The young activists emerged victorious in this case, marking a landmark victory for their cause.
The international community is urged to continue supporting the young generations as they strive to preserve biodiversity and secure a sustainable future.
Rodríguez Orué also highlighted the exponential strategic use of law to heighten states' climate ambition, a tactic known as strategic litigation. This approach has been employed for the protection of human rights in various parts of the world, including Latin America, Europe, Africa, and beyond.
The World Youth for Climate Justice (WY4CJ) has been instrumental in this movement, gaining the support of countries like Vanuatu, Fiji, and Palau in their application for advisory proceedings before the International Court of Justice (ICJ).
The Pan-African Union of Lawyers has also presented a request for an advisory opinion on the impacts of climate change in Africa before the African Court on Human and Peoples' Rights.
However, not all cases have resulted in favourable outcomes. For instance, the Portuguese youth's lawsuit against 32 countries for climate inaction before the European Court of Human Rights (ECtHR) was rejected, as they had not exhausted local instances.
Despite setbacks, there have been notable victories. The Federal Constitutional Court of Germany declared part of the climate law unconstitutional, thereby strengthening the protection of the fundamental rights of youth. Similarly, the case of future generations versus the Ministry of Environment in Colombia recognized the obligation to protect nature and future generations from climate change.
As the battle against climate change continues, it is clear that strategic litigation will remain a powerful tool in the hands of the youth, driving governments towards greater climate ambition and a more sustainable future.
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