On 5 December 2019, the plaintiffs filed for protection against several authorities and acts. Notably, they claimed that the President of the Republic, the Head of the Ministry of Environment and Natural Resources, the Inter-Ministerial Commission on Climate Change, and other authorities had failed to issue regulations and policies regarding climate change which they were required to by national law. The plaintiffs claim that the failure to issue such regulations and policies had violated their constitutionally protected rights. They invoke, among other rights, the right to health protection, the right to a healthy environment, the right to water and the rights of children.
In a decision by the District Court in Administrative Matters in Mexico City, on 20 May 2022, the case was dismissed on the basis that the plaintiffs lacked a legitimate interest, as required to claim the alleged legislative omissions. The court argued that the plaintiffs could not prove a link between themselves and the environmental services of the allegedly violated ecosystem, as required by Mexican law.
The Collegiate Court in Administrative Matters in Mexico City, the appeals court, overruled this decision on 21 September 2022. It stated that the plaintiffs do have a legitimate interest because the legislative omissions affect the entire national territory and the applicants intend to counteract climate change and prevent its effects. Hence, a special link to ecosystems or the environment is not required because, as long as the plaintiffs reside in the national territory, such a link is established.
The case was forwarded to the Supreme Court of Mexico, where it is currently pending, to clarify the issue of the alleged human rights violations.
Stauts of Case:
The Supreme Court decision is pending
Suggested case citation:
Collegiate Court in Administrative Matters of Mexico City, Youth v. Government of Mexico, Judgment of 21 September 2022, R.A. 317/2022.
Date last updated:
29 November 2023