Make a healthy climate a legal right that extends to future generations

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Make a healthy climate a legal right that extends to future generations
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  • 📰 TheEconomist
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Larissa Parker, from Toronto, has won The Economist's OpenFuture essay contest. Read her essay on how to tackle climate change:

IN MARCH 2019 I joined over 100,000 young people to strike in the streets of Montreal. We claimed the downtown area for hours, demanding increased climate action from our decision-makers. Children of all ages attended, marching for their right to grow up in a healthy world.

This accountability problem is rampant across the world, yet few legal systems are equipped to address it. Although climate litigation is becoming a new front for climate action, with hundreds of cases arising around the world, they are limited in scope. Today, for the most part, only current generations have legal standing to sue; and to do so, they have to prove the impacts that they have experienced or are experiencing.

The problem arises from the legal standing of future generations--or lack thereof, for they are generally not currently considered identifiable individuals under the law. Although it is easy to grasp their fundamental interest in a healthy environment, the law is reluctant to grant them recognition. This is because most of those individuals have not been born yet. How or when they will experience the impacts of climate change remains undetermined.

Although it has limitations and is often slow, the ability of the law to modify and enforce norms, values and behaviour is significant. Through legislative and administrative developments, as well as through judicial reinterpretations of constitutions, statutes or precedents, law has the power to articulate the course for social transformation. Take Edwards v Canada —a famous Canadian case which ruled in 1928 that women were eligible to sit in Canada’s Senate.

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