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Published byClifford Golden Modified over 7 years ago
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The Rights of Future Generations In recent case law worldwide.
Parliament of Finland, Wednesday 8 June 2016 Jan van de Venis @janvandevenis JustLaw WaterLex Stand Up For Your Rights Grrrowd Worldconnectors, acting Dutch Ombudsman for Future Generations Supporting Member Roundtable for Institutions for a Sustainable Future
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Litigation ‘on behalf’ or ‘in the interest’ of future generations
Jan van de
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Litigation on behalf of future generations
Dutch Urgenda Case Climate - Civil Law: Tort USA Our Children’s Trust Cases Climate - Administrative Law: negligent departments NHRI The Philippines Climate - National Human Rights Institution research of Carbon Majors: 50 biggest emitters Pakistan case Climate: Constitutional Court: Human Rights Australian case Mining: Administrative: permit Jan van de
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3. Climate change litigation. Often on behalf of future generations
Dutch Urgenda Case Fairness towards Future Generations The principle of fairness for future generations means: that the policy should not only start from what is most beneficial to the current generation at this moment, but also what this means for future generations, so that future generations are not exclusively and disproportionately burdened with the consequences (of climate change). Jan van de
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Cases for future generation: mostly in relation to climate change and based on human rights
COP 16 – COP 21 from climate change having an impact on human rights to the preambule of the Climate Treaty: Human Rights and Intergenerational Equity. UN OHCHR, HRC and UN SRs incl. John Knox SDGs and Human Rights - Rights Based Approach: “We will implement the Agenda for the full benefit of all, for today’s generation and for future generations.” Jan van de
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Climate change, human rights, SDGs, and rights of future generations “We will implement the Agenda for the full benefit of all, for today’s generation and for future generations.” Jan van de
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Analysing: Prof. Bach Mostly Climate change litigation
Analysing: Prof. Bach Mostly Climate change litigation. Often on behalf of future generations Second wave. Difference with first wave (early 2000s): The first wave of national litigation used national laws and norms to make their cases. Current wave of climate change mostly relies on international norms (human rights) and data developed via the UNFCCC and IPCC when seeking relief under domestic laws. Jan van de
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Cases on behalf of future generations definitely are part of the change!
Jan van de
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