best practice worldwide.168 Furthermore, the Philippines has committed to integrate climate
change into primary and secondary education curricula, learning materials and teacher
training,169 and the Children’s Emergency Relief and Protection Act is held up as a global
model of legislation reflecting the best interests of the child.170 Moreover, the ongoing
groundbreaking inquiry by the Honourable Commission on Human Rights to which this
amicus curiae brief is intended to contribute, explicitly recognizes the heightened
vulnerability of children to the effects of climate change, as well as the particular importance
of access to justice and effective remedy to youth petitioners.
A number of other encouraging advances in recognizing intergenerational justice concerns
brought by children also provides grounds for optimism, including the Our Children’s Trust
case (Juliana vs United States of America) in which legal action is being pursued by youths
aged between 10 and 21 against US government agencies in various states over insufficient
action to secure a stable climate for all generations, on the basis that their rights to life,
liberty and property are at stake.171 The District Court ruled in favour of the youth plaintiffs
that the case could proceed, citing jurisprudence from the Philippines Supreme Court’s
decision mentioned above in support of its decision. The trial date has been set for February
2018. In 2015, the Hague District Court in the Netherlands ruled in favour of the Urgenda
Foundation, representing multiple generations of citizens, to impose a more ambitious target
for the reduction of greenhouse gas emissions on the Government, including on the grounds
of human rights law.172
These cases have spawned similar legal efforts by, and on behalf of, children in multiple
countries around the world. For example in India, a 9-year-old has filed a petition against the
Government for failing to fulfil its duties to her and the Indian people to sufficiently mitigate
climate change, including on the grounds of intergenerational equity and India’s constitution,
and for non-implementation of national environmental laws.173 In Pakistan, the Supreme
Court has allowed seven-year-old Rabab Ali’s constitutional climate case on behalf of
present and future generations to proceed against the federal and provincial governments of
Pakistan. The petition asserts that by continuing to exploit and promote fossil fuels, the latter
have violated the Public Trust Doctrine and the youngest generation’s fundamental
constitutional rights to life, liberty, property, human dignity, information, and equal protection
under the law. In the Eastern District of Pennsylvania, two children aged 7 and 11 have filed
a lawsuit against the Government for attempting to roll back the Clean Power Plan, a
package of rules designed to reduce greenhouse gas emissions.174 Other cases are ongoing
or being prepared in Australia, Belgium, Canada, England, France, Norway, Portugal,
Uganda and Ukraine.175 These cases indicate the potentially powerful role of strategic
litigation and the judicial system in raising up children’s voices, and protecting children’s
rights from activities which result in immediate and longer-term harm.