Summary:
On 21 February 2023, it was announced that a climate case had been brought by twelve children before the Austrian Constitutional Court (“Verfassungsgerichtshof”). They argue that the failure to take adequate climate protection measures is endangering their future. The claimants, aged between five and sixteen years old, invoke the rights of the child with are, in Austria, protected by the Constitution. The argue that inadequate domestic climate legislation (the “Klimaschutzgesetz” of 2011) violates these rights. Because it is not leading to emissions reductions, it is also failing to protect children from the life-threatening effects of climate change and accordingly violates the domestic Constitution.
The case is being supported by Fridays For Future und the asssociation CLAW – Initiative für Klimarecht. It invokes the Federal Constitutional Law on Children’s Rights, which guarantees — among other things — constitutional-level rights to protection and care, child welfare and participation, a prohibition of child labor and violence and a prohibition of discrimination against children living with disabilities.
More information:
More information on the case can be found at www.fridaysforfuture.at/klimaklage/presse.
Last updated:
28 March 2023