We have recently been witnessing an increasing pressure by judiciary powers on governments as well as on companies across Europe to protect environmental and intergenerational human rights, which are also known as third generation human rights.

With a historic ruling in December 2019, the Dutch Supreme Court found the Dutch government liable to reduce emissions urgently and significantly in line with its human rights obligations. Similarly, in April 2021, a German court ruled that Germany’s climate change laws are insufficient and violate fundamental freedoms by placing the burden of curbing CO2 emissions on its younger generation. Another landmark decision was once again delivered in the Netherlands in May 2021 when the “District Court in The Hague ruled that by 2030 Shell must reduce its net carbon emissions by 45%, compared to its 2019 level”. Most recently, on June 17, 2021, the Brussels court judged that the state was not behaving with sufficient caution in its climate policy.

Climate change is certainly not a new topic, yet how states are reacting and taking measures to tackle this issue are diverse and constantly evolving. Since recent years, we have encountered an increasing number of people, especially those as young as students, criticising their governments’ climate policies and demanding more action. The most striking common point of the worldwide student protests is the fact that they fiercely defend their right to a healthy environment as one of their basic human rights, as it is generally accepted as comprising the third generation of human rights.

But what exactly are third generation human rights, and how do they differ from other types of human rights?

Civil and political rights quite simply are first-generation rights which aim to protect individuals from the excesses of state power. These rights consist of but are not limited to the right to live, right to vote and the freedom of religion. Such rights date back to the Magna Carta of England in 1215 and were eventually enshrined in international law as part of the 1948 Universal Declaration of Human Rights (UDHR), as part of Articles 3 to 21.

Second generation rights, mainly recognised following the Second World War, are social, economic and cultural rights. These rights are also legally enshrined in the UDHR in Articles 22 to 28, mainly dealing with matters such as the right to employment, food, housing, free education and social care. These are based on the ideas of equality and guaranteed access to essential social and economic goods, services and opportunities, and governments have the duty to respect and fulfil these rights.

Regarding third generation rights, contrary to the first and second generation’s focus on civil, political and social matters, these can be defined as solidarity human rights. This third category of rights comprise the collective rights of society or people, such as the right to sustainable development, to peace, or to a healthy environment. First and second-generation rights are mainly acknowledged as the most basic and prominent human rights, whereas third generation rights, despite having previously been expressed in international law as early as the 1972 Stockholm Declaration, are not fully considered globally, despite their rising recognition and presence worldwide, especially with the 1992 Rio Declaration having been viewed by Peter H. Sand as ushering in the ‘’modern era of international environmental law’’.

By March 2021, at least 110 countries have cited environmental rights in their constitutions, with nations such as Hungary and Finland already having formed committees to safeguard third generation rights. With more politicians under pressure and an increasing number of amendments and changes being made in environmental laws and legislations, this has culminated in more climate policies being implemented. As previously discussed in our EU Green Deal and ESG blog post, European Union member states have adopted a new law to cut carbon emissions by at least 55% by 2030, compared to 1990 levels. With carbon emissions in 1990 having been 22.4 billion tonnes, its rise in 2013 to 35.8 billion is particularly concerning, affirming further that action must be taken in order to prevent any further climate change.

Recent court rulings, such as those mentioned above, affirm that governments and corporations continue to violate our right to live in a healthy environment, our right to intergenerational equity and sustainability, as well as our right to natural resources.

We believe that while these court decisions are important landmarks, their success rests on the decisive actions of legislative and executive bodies, as well as corporations having to act accordingly without courts needing to resort to imposing rules on them.

Disclaimer: Opinions expressed within the content are solely the authors’ and do not reflect the official opinions and beliefs of the companies that they represent.

Written by Nilsu Cemali with the contribution of Batuhan Ökten

Sources:

coe.int/en/web/compass/the-evolution-of-human-rights

https://www.bbc.com/news/world-europe-56927010

https://news.in-24.com/news/70441.html

https://www.bbc.com/news/world-europe-56828383

https://www.bbc.com/news/science-environment-55073169

https://www.nrdc.org/stories/paris-climate-agreement-everything-you-need-know

Climate Case

https://www.bbc.com/future/article/20210316-how-the-human-right-to-a-healthy-environment-helps-nature

https://www.bbc.com/news/world-europe-57257982

Universal Declaration of Human Rights (1948): https://www.ohchr.org/en/udhr/documents/udhr_translations/eng.pdf

United Nations Audiovisual Library of International Law (2012): https://legal.un.org/avl/pdf/ha/dunche/dunche_e.pdf

https://blogs.worldbank.org/opendata/chart-global-co2-emissions-rose-60-between-1990-and-2013#:~:text=Global%20emissions%20of%20carbon%20dioxide,a%20rise%20of%2060%20percent.