[17th September 2024] The Hindu Op-ed: Rights of future generations must guide climate debate

PYQ Relevance:

Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC CSE 2015)

Q Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC CSE 2021)

Q ‘Clean energy is the order of the day.’ Describe briefly India’s changing policy towards climate change in various international fora in the context of geopolitics. (UPSC CSE 2022)

Prelims:

With reference to the ‘Global Climate Change Alliance’, which of the following statements is/are correct?  (UPSC CSE 2017)
1. It is an initiative of the European Union.
2. It provides technical and financial support to targeted developing countries to integrate climate change into their development policies and budgets.
3. It is coordinated by the World Resources Institute (WRI) and the World Business Council for Sustainable Development (WBCSD).
Select the correct answer using the codes given below:
(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Mentor’s Comment: The alarming trend of breaching planetary boundaries, highlighted by the shift of Earth’s “overshoot day” from 1970 to 2024, underscores the urgent need for immediate action.

So, what is Earth’s Overshoot Day?

Earth’s Overshoot Day (30 December 1970), is the day when humanity’s demand for resources exceeds the Earth’s ability to regenerate them within a year. The Global Footprint Network, an international research organization, calculates Earth Overshoot Day by dividing the Earth’s biocapacity by humanity’s ecological footprint and multiplying by 365. The remainder is the number of days when humanity exceeds the Earth’s capacity.

Now, as we have exhausted our planet’s capacity to renew its natural resources, we risk upcoming future generations with a depleted and uninhabitable world. We must change our course to not only safeguard the well-being of those currently affected by environmental degradation but also to fulfill our moral obligation to protect the rights and livelihoods of future generations. 

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Let’s learn!

Why in the News?

The Summit of the Future at the UN in September 2024 will bring together stakeholders to explore multilateral solutions to pressing global challenges, to create a more secure and equitable future for all.

About Summit of the Future 2024:

United Nations is convening this Summit on 20 and 21 September 2024 at UN Headquarters in New York.
Theme: Multilateral Solutions for a Better Tomorrow.
Aim: To bring world leaders together to forge a new international consensus on how we deliver a better present and safeguard the future.
Major Pillars of the Summit: Sustainable development and Financing for development, International peace and security, Science and Technology, Youth and Future generations, Global Governance.

How do different countries view the legal obligations towards future generations?

  • An argument against Legal Duties: Some, like legal scholar Stephen Humphreys, believe the focus on future generations is just rhetoric belief that distracts from the real needs of people alive today.
    • It allows governments to prioritize short-term economic gains over environmental protection, by claiming they are securing a better future.
  • Argument for Future Generations’ Rights: In contrast, a group of legal experts, including Margaretha Wewerinke-Singh, argue that existing human rights law already protects future generations.
    • They point to the Maastricht Principles, which state that human rights extend across time and that states have legal duties to future generations.
How do Maastricht Principles connect future generations to Climate justice?

Intergenerational Equity: The Principles assert that human rights are not limited to present generations; they extend to future generations as well.
Right to a Healthy Environment: A core aspect of the Principles is the right to a clean, healthy, and sustainable environment which is essential for ensuring that future generations can enjoy their fundamental human rights, including health, adequate living standards, and access to natural resources.
State Obligations: The Principles clarify that states have binding obligations which include taking proactive measures to combat climate change, promote sustainable development, and prevent environmental degradation that could harm future populations.
Guidance for Legal Frameworks: They help ensure that national and international laws reflect commitments to intergenerational justice, particularly in the context of environmental policies and climate action.

Growing Legal Recognition:

  1. Global Scenario:
  • Germany’s top court ruled parts of its climate law were unconstitutional for not sufficiently protecting young people’s rights.
  • Pakistan’s Supreme Court upheld a ban on polluting industries to prevent “decolonizing our future generations”.
  • Kenya’s High Court stated the present generation has a legal obligation to maintain natural resources for the future.
  • Norway’s Constitution gives everyone a right to a well-maintained environment for future generations.
  1. Indian Scenario:
  • Recently, the National Green Tribunal (NGT) of India has also upheld the principle of intergenerational equity in the right to environment.

Need to pay heed to ‘overshoot day’: By prioritizing sustainable practices and responsible stewardship of our planet, we should prevent the irresponsible legacy of environmental bankruptcy and ensure a thriving Earth for generations to come. The time to act is now; our collective future depends on it.

https://www.thehindu.com/opinion/op-ed/rights-of-future-generations-must-guide-climate-debate/article68648973.ece

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