Timo Kirez
21 February 2023•Update: 21 February 2023
GENEVA
Twelve minors filed a lawsuit in Austria’s top court on Tuesday, accusing the government of failing to “protect children from the life-threatening consequences of the climate crisis.”
The lawsuit, the first of its kind in Austria, is supported by environmental groups Fridays for Future and Claw - Initiative for Climate Law.
The case, filed by a lawyer representing the group of dozen minors, could have far-reaching consequences.
“Every child is entitled to the protection and care necessary for his or her well-being, to the best possible development and fulfilment, and to the protection of his or her interests, also from the point of view of intergenerational justice,” Fridays for Future said in a statement.
Children’s rights have been enshrined in Austria’s Constitution since 2011 and with them intergenerational justice.
“The almost ineffective Climate Protection Act of 2011 violates these children’s rights,” read the Fridays for Future statement.
According to the organization, the law does not lead to a decrease in greenhouse gas emissions and is unable to “protect children from the life-threatening consequences of the climate crisis.”
The law is therefore unconstitutional, the plaintiffs, aged between five and 16, argue in the lawsuit.
The case, however, could be dismissed by the court.
The children are filing an application for partial cancellation of the old climate protection law, which expired two years ago, while a successor law has not yet been adopted in Austria.
The court must also decide whether the children have the right to make this request at all, as the old law does not directly address children and only the relevant ministers.
