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Youth v. Government of Mexico - decision

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Youth v. Government of Mexico - complaint

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On September 21, 2023, the Collegiate Court that heard the appeal decided to reverse the Judge’s decision to dismiss the case for a lack of legal standing. The Collegiate Court decided that the plaintiffs did have legal standing to file the lawsuit. 

The jurisprudential criteria in environmental cases in Mexico to know whether a person has standing or not, is that there must be a link between the plaintiffs who claim to be right holders and the environmental services provided by the ecosystem allegedly violated. In this case, since it is climate change, a direct link with the ecosystem cannot be argued.

However, the Collegiate Court determined that the link between the plaintiffs’ right to health and to a healthy environment, and the environmental services provided by the ecosystem allegedly violated, is proven by the fact that they live in Mexico and the legal norms and plans that they claim have not been issued by the responsible authorities in compliance with the General Law on Climate Change, could have an impact on the entire national territory. This means that all the ecosystems of the country will benefit from the provisions, rules, plans and strategies that must be issued, since their purpose will be to counteract the effects and prevent possible damages derived from climate change, which is a phenomenon that impacts the entire planet and not only a specific place.

In addition, the case was analyzed considering the principle of citizen participation and the correlative principle of public initiative in environmental matters, as well as the precautionary principle.

Therefore, regarding the legal standing, the Court decided that the plaintiffs have standing to file the lawsuit. In relation to the merits of the case, the Collegiate Court sent the case to the Mexican Supreme Court.

On August 28, 2024, the Supreme Court decided not to hear the case on the merits. Then, the Collegiate Court will have to solve the merits of the case.

Youth v. Government of Mexico

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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.

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

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.

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

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

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

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.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Youth v. Government of Mexico - decision

Policy instrument

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance