Sixteen children filed a petition alleging that Argentina, Brazil, France, Germany and Turkey violated their rights under the United Nations Convention on the Rights of the Child (“the Convention”) by making insufficient cuts to greenhouse gases and failing to encourage the world’s biggest emitters to curb carbon pollution.  The children ask the United Nations Committee on the Rights of the Child (“the Committee”) to declare that respondents violated their rights by perpetuating climate change, and to recommend actions for respondents to address climate change mitigation and adaptation.  

Petitioners claim that climate change has led to violations of their rights under the Convention, including the rights to life, health, and the prioritization of the child’s best interest, as well as the cultural rights of petitioners from indigenous communities.  For example, Deborah Adegbile of Nigeria asserts that she has been repeatedly hospitalized for asthma attacks triggered by rising temperatures and exacerbated smog.  Ellen-Anne of Sweden alleges that climate change imperils her indigenous community’s traditional reliance on reindeer husbandry and herding.  David Ackley III, Litokne Kabua, and Ranton Anjain of the Marshall Islands similarly claim that sea-level rise poses an existential threat to their culture.  

Each respondent has ratified the Convention.  All five have signed the Paris Agreement but, according to petitioners, none have made or kept commitments that align with keeping temperature rise under 2 degrees Celsius.  The petition asserts that respondents have four related obligations under the Convention: (i) to prevent foreseeable domestic and extraterritorial human rights violations resulting from climate change; (ii) to cooperate internationally in the face of the global climate emergency; (iii) to apply the precautionary principle to prevent deadly consequences even in the face of uncertainty; and (iv) to ensure intergenerational justice for children and posterity.  Petitioners allege that respondents have failed to prevent foreseeable human rights harms caused by climate change by making insufficient reductions to greenhouse gas emissions.  Petitioners further claim that as members of the G20, respondents have failed to use available legal, diplomatic, and economic tools to protect children from the greenhouse gas pollution of major emitters including China, the United Stations, the European Union and India.

The children request that the Committee make findings including that climate change is a children’s rights crisis, and that each respondent has caused and is perpetuating climate change by knowingly acting in disregard of available scientific evidence.  They also ask the Committee to recommend that the respondents review, and where necessary, amend their laws and policies to ensure that mitigation and adaptation efforts are accelerated; initiate cooperative international action to establish binding and enforceable climate measures; and ensure children’s right to be heard in all efforts to mitigate or adapt to the climate crisis.  The Committee must determine if the petition is actionable before making findings or recommendations.   

Brazil, France and Germany responded to the petition, arguing that it was not admissible on three grounds: 1) the Committee lacks jurisdiction; 2) the petition is manifestly ill-founded or unsubstantiated; and 3) petitioners have not exhausted domestic remedies. On May 4, 2020, the petitioners filed a reply asserting that the petition is admissible. They argue: 1) that the Committee has jurisdiction because the children are "directly and foreseeably injured by greenhouse gas emissions originating in Respondents' territory;" 2) the claims are manifestly well-founded because the children are suffering direct and personal harms now and will continue to in the foreseeable future; and 3) that pursuing domestic remedies would be futile. 

On October 12, 2021, the CRC rejected the claim as inadmissible. The Committee accepted the claimant's arguments that States are legally responsible for the harmful effects of emissions originating in their territory on children outside their borders. The fact that all states are causing climate change does not absolve states of individual responsibility to reduce their own share of emissions. The Committee also found that the youth are victims of foreseeable threats to their rights to life, health, and culture. 

Following the reasoning of the Inter-American Court of Human Rights (IACtHR)’  <a href="https://climatecasechart.com/non-us-case/request-advisory-opinion-inter-american-court-human-rights-concerning-interpretation-article-11-41-51-american-convention-human-rights/">2017 advisory opinion</a>, the CRC found that countries have extraterritorial responsibilities related to carbon pollution. Using the IACtHR's test for jurisdiction, the Committee found that when transboundary harm occurs, children are under the jurisdiction of the State on whose territory the emissions originated if there is a causal link between the acts or omissions of the State in question and the negative impact on the rights of children located outside its territory, when the State of origin exercises effective control over the sources of the emissions in question. 

While the Committee said that the children had shown, for jurisdictional purposes, that the impairment of their rights as a result of the State party’s acts or omissions regarding the carbon emissions originating within its territory was reasonably foreseeable, it held that the complaint was inadmissible for a failure to exhaust local remedies. 


Sacchi, et al. v. Argentina, et al.

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Sacchi, et al. v. Argentina, et al. - decision

Filed

International

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Actions to reduce emissions in energy generation and supply.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Electrical energy generated from mechanical devices driven by flowing fresh water.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Sacchi, et al. v. Argentina, et al. - decision

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance