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Constitutional climate change trial starts in South Korea Constitutional climate change trial starts in South Korea 

South Korean youth say government is not doing enough to fight climate change

South Korea’s highest court is set to hear a case brought by young people arguing that the government’s lack of action on climate change violates their fundamental rights.

By Christopher Wells

The South Korean government’s “Framework Act on Low Carbon, Green Growth” is insufficient to keep global warming below 2 degrees celsius, a group of youth activists claim. 

In 2020, nineteen young people filed a complaint before the nation’s Constitutional Court, arguing that the government’s insufficient response to climate change violates their fundamental rights, including the right to live and the right to a clean environment. Subsequent petitions from young people, including children and even infants, have increased the number of petitioners to 200 people. 

In hearing the case, Kee Jongseok, the president of the Constitutional Court, acknowledged public interest in the case, saying, “The Court recognizes the importance and public interest in the case, and will make efforts to ensure that deliberations are conducted thoroughly."

The lawsuit in South Korea is one of a growing number of cases against governments accused of failing to do enough to halt global climate change. Earlier this month, Europe’s top human rights court ruled on three cases before it, rejecting two on technical grounds but agreeing with plaintiffs in a third that Switzerland had violated the rights of a group of Swiss women by failing to make adequate efforts to meet its emission reduction targets.

Ahead of the hearing in South Korea, activists gathered outside the court to criticize the government’s inaction on climate change. In a statement, plaintiffs argued, “South Korea's current climate plans are not sufficient to keep the temperature increase within 1.5 degrees Celsius, thus violating the state's obligation to protect fundamental rights.”

During initial arguments, government lawyers rejected the argument that they were violating citizens’ basic rights, and said the government was not discriminating against young people. They claimed authorities were doing everything they could to cut carbon emissions, while noting that adjustments could be made to annual goals for carbon reduction. 

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23 April 2024, 14:44