Context

The Summit of the Future, scheduled to take place at the United Nations in New York on September 22-23, 2024, aims to find multilateral solutions to the major issues threatening humanity’s future. These challenges include conflict, climate change, pandemics, pollution, extreme income inequality, and severe discrimination. The summit envisions a world where people can thrive with increased protection from these threats to their well-being.

Overview

• In 2023, global temperatures reached their highest point on record, exceeding the 20th-century average by 2.12 °F (1.18 °C). Additionally, the past decade has witnessed all 10 of the warmest years ever recorded.
• Glaciers and ice sheets in polar and mountainous regions are melting at unprecedented rates, leading to rising sea levels. By mid-century, the Arctic Ocean is anticipated to be ice-free during late summer.

Future generation rights

•  Climate justice discussions: The central debate focuses on whether future generations have the right to live in a world that is free from the environmental damage inflicted by previous and current actions. This theme is crucial to climate justice discussions and is expected to be a significant topic at the summit, though it may be addressed more in rhetoric than through tangible commitments. While there is a clear moral imperative for present generations to ensure a sustainable planet for the future, the question of whether there is a legal obligation remains unsettled.
• Recent debate: In 2023, the European Journal of International Law featured a vigorous debate on this issue.
  • Stephen Humphreys from the London School of Economics published an essay titled “Against Future Generations," arguing that emphasizing future rights diverts attention from present responsibilities and could justify harmful environmental practices for the sake of current living standards.
    • In response, legal scholars from the Netherlands, India, and the U.S. published a counter-argument titled "In Defence of Future Generations," led by Wewerinke-Singh from the University of Amsterdam, who has experience with climate cases at the International Court of Justice and contributed to the Maastricht Principles on The Human Rights of Future Generations.
  • Humphreys argues that the call to protect future generations is ambiguous and shifts responsibility from the present to an undefined future, aligning with governments that prioritize current economic growth over environmental protection.
    • In contrast, Wewerinke-Singh and her co-authors believe that the discourse on future generations has the potential to reshape international law, drawing from indigenous traditions that view responsibilities to future generations as a sacred duty extending four to seven generations.

Judgements on environmental matters

• Numerous reference judgements: There is reference judgments from numerous low- and middle-income countries on environmental issues. Notably, they highlight a landmark ruling in Colombia that promoted intergenerational solidarity by mandating the government to "formulate and implement an inter-generational pact for the life of the Colombian Amazon."
• The Supreme Court of Pakistan: endorsed a ban on the construction of cement plants in an ecologically sensitive area, stating compellingly, “Through our rulings and jurisdiction, we must free future generations from the impacts of climate change by consistently upholding climate justice.”
• The National Green Tribunal of India: affirmed the principle of intergenerational equity in environmental rights and actively act to protect the nature and natural habitats to mitigate the climate change.
• The High Court of Kenya: ruled that the current generation is legally required to "maintain and enhance the health, diversity, and productivity of natural resources" for the benefit of future generations.
• The High Court of South Africa:  stated that intergenerational justice necessitates that the state "consider the long-term impact of pollution on future generations."
• The Maastricht Principles:  clearly advocate for connecting sustainable development and climate justice with the rights of future generations.
• The Preamble asserts that : "neither the Universal Declaration of Human Rights nor any other rights instrument imposes a temporal limitation or restricts rights to the present time." It states that "human rights extend to all members of the human family, encompassing both present and future generations" and affirms that "human generations exist within an unbroken continuum that is constantly renewed and redefined.
  • • The Preamble also states that "the human rights of future generations must be understood, interpreted, and integrated within the evolving legal framework that acknowledges humanity’s relationship with the natural world and the best available science." It emphasizes that these rights should be "interpreted and applied considering humanity’s dependence on and responsibility toward Earth's natural systems, both now and into the future."
• The document’s 36 principles: outlined in the document are intended to guide actions both nationally and globally.
  • One principle mandates the protection of future generations' human rights "against significant risks posed by the actions of public and private entities, including businesses."
  • Another principle requires that "future generations be meaningfully and effectively represented in decision-making processes that could affect their enjoyment of human rights." It is crucial for young people, who will shape the future, to have their voices heard and their concerns addressed.

Pay attention to ‘Overshoot Day’

Eight of the nine planetary boundaries crucial for Earth's survival have already been surpassed. The 'Planetary Overshoot Day,' marking when Earth's capacity to regenerate its natural resources for the year is depleted, has shifted from December 30 in 1970 to August 1 in 2024. If this trend continues, future generations could inherit a severely depleted planet. We must change course not only to protect those currently at risk but also to prevent the disgraceful legacy of damaging the lives of future generations.

Conclusion

Incorporating the rights of future generations into the climate debate is crucial for achieving a sustainable and just future. By emphasizing these rights, we can tackle urgent environmental issues with a long-term view, protecting the well-being of both present and future populations. This strategy not only ensures fairness but also promotes responsible management of our planet for the benefit of generations to come.

Source: The Hindu