Because they also have a right to a world in which they can live safely and happily, twelve young people are going to court. The opponent: Austria.
Twelve children and young people between the ages of five and 16 have filed a lawsuit against the government at the constitutional court in Austria because they do not feel they are adequately protected from the consequences of climate change. “We are going to court because, like our parents, we children have the right to a world in which we can live safely and happily,” said 14-year-old Smilla on Tuesday.
The children and young people are demanding the revision of an “almost ineffective” climate protection law from 2011. According to lawyer Michaela Krömer, who represents the group, it contains “no reduction targets and liabilities”. Krömer went on to say that the constitution stipulates that the well-being of children must also be guaranteed in terms of intergenerational justice. A climate protection law without obligations violates these constitutional rights.
Environment Minister praises the commitment of children and young people
In other countries such as Germany and Portugal, such lawsuits have already been filed for misconduct in climate protection, and this is the first time in Austria. The activists believe that the fact that children’s rights are firmly anchored in the Austrian constitution would increase the chances of success of the climate lawsuit. According to the plaintiffs, the lawsuit is supported by the youth environmental protection movement Fridays for Future.
Austria is governed by a black-green coalition, but the revision of the law has so far met with opposition from the conservatives. In a reaction to the lawsuit, Green Environment Minister Leonore Gewessler praised the commitment of the children and young people. The Conservatives did not react at first.
Earlier lawsuit was dismissed
Previous lawsuits by NGOs such as Greenpeace and the Austrian activist group Global 2000 had also accused the government in Vienna of inaction on climate change. However, Greenpeace’s lawsuit was dismissed in 2020.
In 2021, an Austrian man suffering from multiple sclerosis sued the government in Vienna before the European Court of Human Rights for insufficient climate protection on the grounds that global warming had worsened his condition. According to a spokeswoman for Fridays for Future, a decision is still pending.
