Category: Human dignity

Categories
2021 Climate-induced displacement Domestic court Human dignity Italy Non-refoulement Right to life

I.L. v. Italian Ministry of the Interior and Attorney General at the Court of Appeal of Ancon

Summary:

In the case of I.L. v. Italian Ministry of the Interior and the Attorney General at the Court of Appeal of Ancona, decided on 24 February 2021 by the Supreme Court of Cassation in Italy, a significant precedent was established in humanitarian asylum cases. The decision mandated that Italian trial judges should collectively assess situations of environmental, social, or climate degradation when evaluating eligibility for humanitarian protection, in addition to considering situations of armed conflict. The case involved a Nigerian citizen, I.L., who sought refuge in Italy, primarily due to armed paramilitary conflict in the Niger Delta region that was being exacerbated by environmental degradation, particularly numerous oil spills.

Claim:

The applicant claimed that the lower courts committed a prejudicial error by not taking into account the environmental disaster situation in the Niger Delta as a basis for humanitarian protection. He argued that the trial judge’s decision violated Legislative Decree No. 286/1998, known as the Consolidated Immigration Act, by failing to extend humanitarian protection based on the environmental disaster in his home region. The central issue at hand was to ascertain whether individuals facing a real threat to their right to life in their country of origin, due to adverse social, environmental, and climate circumstances rather than armed conflict, should be granted humanitarian protection.

Decision:

The Supreme Court of Cassation accepted the applicant’s appeal and remanded the case back to the Court of Ancona. The Court found that the applicant’s two grounds for appeal were well-founded. It recognized the existence of severe environmental instability in the Niger Delta, resulting from indiscriminate exploitation by oil companies and ethnic-political conflicts. The trial judge’s failure to consider the environmental context and widespread insecurity when assessing humanitarian protection eligibility was seen as an error.

The Court’s decision drew on international legal precedent, including the Teitiota decision from the United Nations Human Rights Committee, which recognized that environmental degradation could hinder the right to life when a state is unable or unwilling to ensure ‘access to essential natural resources, such as arable land and drinking water’. The Court’s key findings and instructions are as follows:

  1. When assessing humanitarian protection, the evaluation of widespread dangerous conditions in the applicant’s country of origin should consider specific risks to the right to life and dignified existence arising from environmental degradation, climate change, or unsustainable development of the area.
  2. Danger to an individual’s life can depend on socio-environmental conditions, not solely armed conflict. Such socio-environmental factors include human action that seriously jeopardizes an individual’s survival and that of their relatives.
  3. Trial judges are instructed to establish an ‘essential level’ below which decent living conditions are not present and the fundamental right to life is not ensured. The judge must then verify the effective assurance of this minimum threshold, which should encompass both armed conflict and other circumstances that pose a serious risk to the individual and their family’s survival, such as social, environmental, or climatic degradation or unsustainable exploitation of natural resources.
  4. The Court determined that if the situation in the country of origin does not allow for a minimum guarantee of the right to life, humanitarian protection should be granted. Importantly, this assessment now includes environmental and climatic factors influencing an individual’s decision to leave their home.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

Judgment of the Supreme Court of Cassation – Second Civil Section 

Suggested citation:

I.L. v. Italian Ministry of the Interior and Attorney General at the Court of Appeal of Ancona, Supreme Court of Cassation, N. 5022/2021, 24 February 2021.

Last updated:

03 November 2023.

Categories
2019 Climate activists and human rights defenders Deforestation Domestic court Human dignity Pakistan Right to freedom of expression Right to life Rights at stake Rights of nature

Sheikh Asim Farooq v. Federation of Pakistan etc.

Summary:

In Pakistan, civil society members have taken legal action against multiple government departments, including the Planning and Development Department, Punjab Environmental Protection Department, and Housing & Urban Development Department. They assert that these departments have neglected their responsibilities regarding the planting, protection, management, and conservation of trees and forests in Punjab. According to the petitioners, this neglect not only violates legal obligations but also infringes upon their constitutional rights, including the rights to life, liberty, dignity, and access to public places of entertainment. This case highlights the government’s failure to address these critical environmental issues.

Claim:

The central argument in this case is that the Pakistani government must be compelled to enforce environmental laws and policies, such as the Forest Act, the Trees Act, and various forestry and climate change policies. The petitioners argue that this action is essential to protect their fundamental rights, as guaranteed by the Constitution. They specifically cite Article 9 (right to life and liberty), Article 14 (right to dignity), Article 26 (right to access public places of entertainment), and Article 38(b) (provision of available leisure places). The petitioners assert that the government’s failure to safeguard natural resources and forests, in light of their drastic depletion and the doctrine of public trust, clearly violates their constitutional rights and warrants judicial intervention.

Decision:

Following the lawsuit, the Lahore High Court granted a writ of mandamus in favour of the petitioners. In its ruling, the court emphasised that international environmental principles, such as sustainable development, the precautionary principle, the public trust doctrine, inter-and intra-generational equity, water justice, food justice, in dubio pro natura, and the polluter pays principle, are integral to Pakistani jurisprudence.

The court stressed the government’s duty to effectively manage and protect forests and urban tree planting, citing specific laws to support its stance. The government was directed to actively adhere to environmental policies, particularly those related to climate change. The court also underscored the importance of environmental rights and the government’s responsibility to combat the impacts of climate change on forests and biodiversity. The court’s order included several instructions, such as enforcing policies, amending legal requirements, and mandating regular reporting on forest growth. It also addressed penalties for non-compliance and encouraged housing societies to support tree planting in green areas, with consequences for the unjustified removal of trees.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

Judgment

Suggested citation:

Sheikh Asim Farooq v. Federation of Pakistan, Writ Petition No. 192069 of 2018, Lahore High Court, Judgment of 30 August 2019.

Last updated:

20 October 2023.

Categories
2023 Children and young people Domestic court Emissions reductions/mitigation Evidence Fossil fuel extraction Human dignity Indigenous peoples' rights Right to a healthy environment Right to health Standing/admissibility United States of America

Held and Others v. Montana

Summary:
In Held and Others, sixteen young plaintiffs aged between two and eighteen brought a case against the U.S. state of Montana alleging violations of the state constitution due to climate change. The youth plaintiffs in this case, which is to some extent comparable to the Juliana litigation, alleged that they are already experiencing ‘a host of adverse consequences’ from anthropogenic climate change in Montana, including increased temperatures, changing weather patterns, more acute droughts and extreme weather events, increasing wildfires and glacial melt. Fossil fuels extracted in Montana cause emissions higher than those of many countries, including Brazil, Japan, Mexico, Spain, or the United Kingdom. The plaintiffs argued that this was causing health risks, especially for children, and that the defendants, among them the state of Montana, its Governor, and various state agencies, had “act[ed] affirmatively to exacerbate the climate crisis” despite their awareness of the risks to the applicants. On 14 August 2023, Judge Kathy Seeley ruled wholly in favor of the youth plaintiffs, declaring that Montana had violated their constitutional rights and invalidating the statutory rule forbidding state authorities from considering the impacts of GHG emissions or climate change in decision-making related to fossil fuel extraction.

Claims made:
The plaintiffs challenged the constitutionality of fossil fuel-based provisions of Montana’s State Energy Policy Act along with a provision of the Montana Environmental Policy Act which forbids state authorities from considering the impacts of GHG emissions or climate change in their environmental reviews (the “MEPA Limitation”). They also challenged the aggregate acts that the state has taken to implement and perpetuate a fossil fuel-based energy system under these statutes.

The plaintiffs sought a declaration that their right to a clean and healthy environment includes a right a stable climate, and that existing approaches to greenhouse gas emissions in Montana violate constitutional provisions, including the right to a clean and healthy environment; the right to seek safety, health, and happiness; and the right to individual dignity and to equal protection. They also sought injunctive relief, namely an order to account for Montana’s greenhouse gas emissions and to develop and implement an emissions reductions plan.

Decision on the admissibility:
On 4 August 2021, a the Montana First Judicial District Court for Lewis and Clark County declared the case admissible in part. The prayer for injunctive relief in terms of emissions accounting, a remedial plan or policy, the appointment of expert to assist the court, and retain jurisdiction until such orders are complied with were rejected. However, the court declared the constitutional rights claims admissible, including the claim about the plaintiffs’ ‘fundamental constitutional right to a clean and healthful environment’, which — as the plaintiffs submitted — ‘includes a stable climate system that sustains human lives and liberties’.

Judge Seeley’s Ruling of 14 August 2023:
After a trial held from 12-23 June 2023, Judge Kathy Seeley of the First Judicial District Court of Montana issued a ruling in this case on 14 August 2023. Noting that “[t]he science is clear that there are catastrophic harms to the natural environment of Montana and Plaintiffs and future generations of the State due to anthropogenic climate change”, she ruled wholly in favor of the plaintiffs, declaring that the state of Montana had violated their constitutional rights to equal protection, dignity, liberty, health and safety, and public trust, all of which are predicated on their right to a clean and healthful environment (p. 92-93).

In doing so, Judge Seeley ruled that the youth plaintiffs had standing to bring the case because they had proven that they had experienced significant injuries. The court set out the different impacts on the plaintiffs at length (p. 46-64). It ultimately found that the plaintiffs “have experienced past and ongoing injuries resulting from the State’s failure to consider GHGs and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness” (p. 86 of the ruling). The judge also ruled that while mental health injuries based on state inaction on climate change do not on their own constitute a cognizable injury, “mental health injuries stemming from the effects of climate change on Montana’s environment, feelings like loss, despair, and anxiety, are cognizable injuries” (p. 86-87). The ruling recognizes that “[e]very additional ton of GHG emissions exacerbates Plaintiffs’ injuries and risks locking in irreversible climate injuries”, and that these injuries “will grow increasingly severe and irreversible without science-based actions to address climate change” (p. 87). As children and youth, the plaintiffs are disproportionately impacted by fossil fuel pollution and climate impacts, and their injuries are “concrete, particularized, and distinguishable from the public generally” (p. 87).

On causation, and having heard and evaluated testimony from several expert witnesses, the Court extensively reviewed the scientific evidence concerning the causation and progression of anthropogenic climate change and identified the Earth’s energy imbalance as the critical metric for determining levels of global warming (p. 22). Having established that “Montana is a major emitter of GHG emissions in the world in absolute terms, in per person terms, and historically”, and noting the state government’s continuing approval of fossil fuel projects despite its already extensive production of oil, gas and coal, the Court found that there was a “fairly traceable connection” between Montana’s statutes, its GHG emissions, climate change, and the injuries suffered by the plaintiffs (p. 87). Noting that the state government had the authority to limit fossil fuel-related activities, and having regard to the fact that the MEPA Limitation causes the state to ignore climate impacts and renewable energy alternatives to fossil fuels, as well as noting the economic and environmental advantages of a green energy transition for Montana, the Court noted that “current barriers to implementing renewable energy systems are not technical or economic, but social and political” (p. 83). The state of Montana, it held, “authorizes fossil fuel activities without analyzing GHGs or climate impacts, which result in GHG emissions in Montana and abroad that have caused and continue to exacerbate anthropogenic climate change” (p. 88). It noted also that these emissions were “nationally and globally significant”, and could accordingly not be considered de minimis; they “can be measured incrementally and cumulatively both in terms of immediate local effects and by mixing in the atmosphere and contributing to global climate change and an already destabilized climate system” (p. 88).

On the redressability of these impacts, the Court noted that the psychological satisfaction of the ruling itself did not constitute sufficient redress, and that declaring the relevant state statutory rules unconstitutional would provide partial redress because ongoing emissions will continue to cause harms to the plaintiffs. Noting that “[i]t is possible to affect future degradation to Montana’s environment and natural resources and injuries to these Plaintiffs”, and applying strict structiny to the state’s statutes, the Court found that the MEPA Limitation violates the right to a clean and healthful environment under the Montana Constitution, which protects children and future generations (among others) and includes the protection of the climate system. As a result, the Court tested whether the MEPA Limitation was narrowly tailored to serve a compelling government interest, finding that neither had the state authorities shown that it served a compelling governmental interest, nor was it narrowly tailored to serve any interest.

As a result, the judge invalidated the Montana legislation that promoted fossil fuels and prohibited analysis of GHG emissions and corresponding climate impacts.

Date filed:
13 March 2020

Date of admissibility decision:
4 August 2021

Date of Ruling:
14 August 2023

More information:
The original complaint is available from the Western Environmental Law Center.

The admissibility decision is available on climatecasechart.com.

Judge Seeley’s findings of fact, conclusions of law and order of 14 August 2023 are available below.

Held-v-MontanaDownload

Suggested citations:
Montana First District Court for Lewis and Clark county, Held and others v. State of Montana and others, Findings of Fact, Conclusions of Law, and Order, 14 August 2023, Cause no. CDV-2020-307.

Categories
Access to a remedy Children and young people Extreme poverty Haiti Human dignity Inter-American Human Rights System Right to life Vulnerability

Petition of Children of Cité Soleil and SAKALA

Summary:

On 4 February 2021, six children of Cité Soleil, Haiti and a community center established to provide safe harbor for children in Cité Soleil (SAKALA Community Center for Peaceful Alternatives) communicated a petition to the Inter-American Commission on Human Rights alleging human rights violations arising from the adverse environmental conditions that they are subject to.  

Facts of the case:

The petitioners’ concern relates to the local waste management system in Cité Soleil, which is woefully inadequate and exposes residents to risks arising from toxic waste and fumes. They complain that waste from other cities is brought into Cité Soleil but not contained in sanitary landfills or subjected to waste treatment. Piles of trash are burnt in the open, worsening the air quality, and floods carry the trash into residential areas, and lead to the contamination of water sources. They argue that climate-related adverse events magnify the adverse environmental conditions that children in Cité Soleil are faced with, aggravating their vulnerability.  

Claims:

The petitioners allege that Haiti is engaged in violations of the rights of the child, the right to dignity, the right to life, and the right to judicial protection of children in Cité Soleil. They request the Commission to recommend Haiti to undertake concrete measures addressing the environmental pollution problem and providing specialized and adequate medical care to the children. Aside from requesting an investigation on the matter and granting the reliefs sought, the petitioners have requested the Commission to grant precautionary measures of protection in the interim- requiring Haiti to take urgent measures and protect the children in Cité Soleil from harm.  

Status of the case:

The Inter-American Commission on Human Rights is yet to decide on the admissibility of the petition.  

Links:

For the petition (in English), click here.

Last updated:

2 August 2023.

Categories
Domestic court Emissions reductions/mitigation Human dignity Paris Agreement Right to a healthy environment Right to life South Korea

Climate Crisis Emergency Action v. South Korea

Summary:
It has been reported that the South Korean NGO “Climate Crisis Emergency Action” has filed a constitutional complaint concerning the country’s greenhouse gas emissions reductions targets.

In a draft of the application form available online (in Korean), the applicant organization noted the Korean National Assembly’s statement in support of the 1.5 degree emissions reductions target under the Paris Agreement, and the insufficiency of the domestic mitigation action to meet that target. It submits that the domestic target is “an arbitrary and irresponsible reduction target set in defiance of the standards agreed upon by the scientific community and the international community.” Noting the State’s “duty to protect the basic rights of its citizens” (in Article 10 of the South Korean Constitution), it submitted that fundamental rights are already being violated and will continue to be violated, and that higher legislative ambition is required.

Claims made (as per the version of the application made available here):
It appears that the claimants in this case invoked the right to pursue human dignity, value and happiness in Article 10 of the Constitution, along with the right to live a life worthy of humanity in Article 34, and the right to live in a healthy and pleasant environment in Article 35. They also invoked Article 36 of the Constitution concerning the protection of public health and disaster prevention. Citing scientific evidence concerning increasing natural disasters, food and water shortages, security crises and social disasters, they submitted that “the obligation to protect fundamental rights from climate change has been fulfilled only when measures corresponding to the minimum level agreed upon in the international community are taken.”

The applicants also explicitly link their case to the German Neubauer judgment concerning the impact of unambitious climate policy on the rights of future generations.

More information on this case will be added as it becomes available.

Relevant developments:

On 12 June 2023, it was announced that the National Human Rights Commission of Korea had decided to submit an opinion to South Korea’s Constitutional Court to oppose the country’s Carbon Neutrality Act (2021), which it considered to be unconstitutional and in violation of the fundamental rights of future generations because it sets out a greenhouse gas emissions reductions target that was too low. The Act sets out a 40% emissions reductions target by 2030 as compared to 2018 levels. This, the Commission found, did not respect the constitutional principle of equality, because it passed the burden of greenhouse gas emissions on to future generations.

Last updated:
23 June 2023.

Categories
2022 Biodiversity Children and young people Domestic court Emissions reductions/mitigation Fossil fuel extraction Gender / women-led Human dignity Non-discrimination Paris Agreement Right to a healthy environment Right to health Right to life Right to water Sea-level rise South Africa Standing/admissibility

African Climate Alliance et. al. v. Minister of Mineral Resources & Energy et. al. (#CancelCoal case)

Summary:
On 10 November 2021, three South African NGOs (the African Climate Alliance, Vukani Environmental Justice Movement in Action and groundWork) initiated a constitutional challenge against the South African government’s plans to augment its coal-fired electricity capacity. Also known as the #CancelCoal case, this challenge invokes the protection of environmental rights, the rights of children, the right to life and human dignity, the right to water, healthcare and food, and the right to equality and protection from discrimination. Noting that South Africa is one of the top 15 current global greenhouse gas emitters, the plaintiffs argue that the procurement of 1500 MW of new coal-fired power stations threatens the rights of present and future generations in South Africa, who will be “left to deal with the consequences of extreme weather events, heatwaves, droughts, coastal flooding, famine, cyclones and social upheavals”. They submit that the constitutional rights violations caused by the new coal plants “will disproportionately impact the poor and the vulnerable, including women, children and young people”.

More details on the challenge:
In terms of standing, the applicant organizations brought their case in their own direct interest, in the interests of their members, in the public interest, and in the interest of the environment, noting the “far reaching consequences for present and future generations”.

The applicants invoke section 24 of the South African Constitution, which recognizes the right to a healthy environment. They argue that, by ratifying international agreements on climate change, including the Paris Agreement, the State recognizes the threat for this right posed by climate change. They also invoke section 28(2) of the Constitution, which guarantees the protection of the best interests of the child, arguing that “children are most vulnerable to the impacts of climate change and the further health risks caused by coal-fired power stations”. Noting that South Africa’s first NDC, submitted in 2015 and revised in 2021, committed to peaking emissions from 2020-2025, with net zero to be achieved by 2050, they submit scientific evidence from the IPCC to show the level of threat at hand and the different emissions reductions pathways discussed. Coal, they argue, “is the single most significant contributor to climate change”, and South Africa’s plants to procure more coal-fired power plants is “directly at odds” with global calls for action against coal, despite its vulnerability to the impacts of climate change, including from heat, storms, drought, rising sealevels, loss of species and biodiversity, and the psychological harms linked to climate change, as well as economic costs associated with responding to the effects of climate change, which will “divert scarce resources allocated to alleviating powerty and promoting sustainable development”.

The applicants also argue that the government’s references to “clean coal” are scientifically unfounded, and that it is unrealistic to argue that carbon capture technologies will mitigate the impacts of the new coal plants. “Climate change is the ultimate collective action problem”, they submit, and collective efforts are needed. South Africa’s support for coal undermines the global efforts in this regard, is inconsistent with South Africa’s “fair share” obligations, and is detrimental to the environment in a number of ways.

Invoking the constitutional right to equality together with environmental rights, the applicants argue that the action in question produces unfair discrimination “on intersecting grounds of race, gender, and social origin. This is because poor, black South Africans, and particularly women and children, are the primary victims of ecological degradation and air pollution caused by coal-fired power. They will also be the worst affected by the climate crisis”, as recognized in the government’s Environmental Impact Assessment (para. 358 of the application).

In terms of remedies, the applicants seek the review and setting aside of the decisions to procure new coal plants.

Further developments:
On 8 December 2021, the President of South Africa issued notice that he does not intend to oppose the application and shall abide by the decision of the court. On the same date, the Minister of Mineral Resources and Energy issued notice of his intention to oppose the application.

On 12 December 2022, in what was described as an “early victory” in the case, the Pretoria High Court ordered the Minister of Mineral Resources and Energy to release records relating to the decision to seek new coal power, and to pay the costs of the application.

Further reading:

The full application form in this case is available from climatecasechart.com, as are further documents on the case.

Suggested citation:
High Court of South Africa, Gauteng Division (Pretoria), African Climate Alliance and others v. Minister of Mineral Resources and Energy and others, case no. 56907/2021, filed on 10 November 2021.

Last updated:
26 June 2023.

Categories
Adaptation Biodiversity Children and young people Deforestation Domestic court Emissions reductions/mitigation Human dignity Imminent risk Paris Agreement Peru Private and family life Right to a healthy environment Right to health Right to life Right to water Vulnerability

Álvarez et al. v. Peru

Summary:
This amparo case was filed before the Superior Court of Justice of Lima, Peru, on 16 December 2019. Brought by a group of young Peruvians, it alleges that the government has not taken adequate measures halt deforestation in the Amazon rainforest, a major carbon sink, and to take adequate mitigation and adaptation measures in the face of climate change. They submit that this particularly harms the rights of young people, whose futures are in jeopardy because of climate change.

Before the court, they invoke the constitutional and human right to a healthy environment, drawing in particular on the Peruvian Constitution, the ICESCR, and the Additional Protocol to the American Convention on Human Rights (also known as the “Protocol of San Salvador”). They also invoke their right to human dignity (Art. 1 of the Peruvian Constitution) and their right to life (Art. 2.1 of the Peruvian Constitution), along with — among others — the right to health and to water. They also invoke the preventive and precautionary principles and draw on constitutional principles concerning the conservation of biodiversity, the sustainable use of natural resources, the social function of law, the best interests of the child, solidarity and intergenerational equity.

The claimants submit that public policies on environmental protection are insufficient “to mitigate a problem that, according to scientific evidence, is worsening and threatens the very survival of the human species on the planet. This scenario is even more acute for the claimants – minors, born between 2005 and 2011 – whose future is severely compromised as a result of the current climate and ecological crisis. The conditions for their well-being and that of their descendants for decades to come depend, to a large extent, on the actions taken today. Tomorrow will be too late. In Peru – a megadiverse country that is vulnerable to climate change – the problem is particularly pressing. The plaintiffs, therefore, have suffered a violation of their fundamental right to enjoy a healthy environment, as well as threats to their fundamental rights to life, to a “life project” (“proyeto de vida”), to water and to health” (translation from the original Spanish by climaterightsdatabase.com)

Further information:

  • For an interview with one of the applicants in this case, see here.

Suggested citation:

Superior Court of Justice of Lima, Álvarez et al. v. Peru, constitutional complaint submitted on 16 December 2019.

Last updated:

17 March 2023

Categories
2018 Adaptation Domestic court Farming Human dignity Pakistan Right to a healthy environment Right to life

Leghari v. Pakistan

Summary:
In Leghari v. Pakistan, a farmer claimed that his fundamental rights, including the right to life, the right to a healthy environment and human dignity, had been violated by the failure to take action against climate change, which was already impacting Pakistan in the form of floods and other climactic changes. The High Court of Lahore granted his claims in 2015, finding that the government had failed to implement its own Climate Change Policy and the corresponding implementation framework. The Court created a Climate Change Commission to monitor the government’s response.

Arguments by the applicant:
The applicant submitted that the domestic National Climate Change Policy of 2012 and the Framework for its implementation had not been implemented. Absent strategies to transition to heat resilient crops or to conserve water, he argued, he would not be able to sustain his livelihood as a farmer. He submitted that this inaction had violated his fundamental rights, in particular, Article 9 (right to life, including the right to a healthy and clean environment) and Article 14 (human dignity) of the Constitution, along with the constitutional principles of social and economic justice. In doing so, he also invoked the principles of public trust, sustainable development, the precautionary principle and the principle of intergenerational equity. The most immediate and serious threat to Pakistan, he argued, concerned water, food and energy security.

Findings:
The High Court of Lahore granted Mr. Leghari’s claims on 4 September 2015, finding that “the delay and lethargy of the State in implementing the Framework offend the fundamental rights of the citizens.” It ordered the government to nominate “climate change focal persons” to help ensure the implementation of the domestic legal Framework and to identify action points. To monitor the government’s progress, it also created a Climate Change Commission made up of government representatives, NGOs, and technical experts. A supplemental decision of 14 September 2015 nominated 21 Commission members and granted this body various powers. On 25 January 2018, the Court considered a report from the Climate Change Committee finding that, until January 2017, 66% of the Framework for Implementation Climate Change Policy’s priority actions had been implemented. The Court accordingly dissolved the Climate Change Commission, creating a Standing Committee on Climate Change in its place.

In the 2018 judgment, the Court considered the need for environmental, climate and water justice, and the need for both mitigation and, in the specific case of Pakistan, adaptation measures in response to climate change. It noted that “we have to move on. The existing environmental jurisprudence has to be fashioned to meet the needs of something more urgent and overpowering i.e., Climate Change.” (para. 12). It held, too, that “[f]rom Environmental Justice, which was largely localized and limited to our own ecosystems and biodiversity, we have moved on to Climate Justice.” (para. 20).

Further reading:
Birsha Ohdedar, ‘Climate Change Litigation in India and Pakistan: Analyzing Opportunities and Challenges’, in Ivano Alogna, Christine Bakker, and Jean-Pierre Gauci (eds), Climate Change Litigation: Global Perspectives (Brill | Nijhoff 2021), 103-123,  https://doi.org/10.1163/9789004447615_006.

Ivan Mark Ladores, ‘In the Name of Climate Change: How Leghari v Federation of Pakistan is Instrumental to the Pursuit of the Right to Life in the Philippines’, 5(2) Groningen Journal of International Law (2017), https://doi.org/10.21827/5a6af9f49574a.

Emily Barritt and Boitumelo Sediti, ‘The Symbolic Value of Leghari v Federation of Pakistan: Climate Change Adjudication in the Global South’ 30(2) King’s Law Journal (2019) 203-210, 10.1080/09615768.2019.1648370.

Suggested citation:
Lahore High Court, Asghar Leghari v. Pakistan, Case W.P. No. 25501/2015, Judgment of 25 January 2018.