A group consisting of 900 Dutch citizens has filed a suit against the government of the Netherlands for its lack of effort in addressing concerns about climate change - something the Dutch consider to be a violation of their human rights.
The lawsuit, filed by the Urgenda Foundation, is the first instance in Europe in which a national government is made responsible for its unproductive climate policy.
According to Urgenda, the suit demands that by 2020 the Dutch government cut greenhouse gas emissions by 25 to 40 percent, levels comparable to that of 1990. This amount is in compliance with the ideal levels agreed on by the Intergovernmental Panel on Climate Change (IPCC).
The foundation argues that the government has violated Dutch human rights and tort laws by not "contributing its proportional share" to address the issue of global warming.
Urgenda hopes that the "Climate Case" will set a precedent for people around the world to use established laws in pressuring their governments to do their part in halting climate change.
Allowing the planet's average temperature to rise by more than 2 degrees Celsius, the foundation states, "will lead to a violation of fundamental human rights worldwide."
An international group of eminent jurists consisting of High Court judges, law professors and advocates from countries such as Brazil, China, India, the US and Netherlands drafted the Oslo Principles on Global Climate Change Obligations on March 30. These principles state that governments are legally obligated to prevent the destructive effects of climate change, regardless of existing international agreements, based on established international human rights, environmental, and tort laws.
"Courts can force countries to adopt effective climate policies. Court cases are perhaps the only way to break through the political apathy about climate change," Jaap Spier, Advocate-General to the Dutch Supreme Court, said in his interview with a local newspaper.
Spier added that a judge does not need to be an activist in order to comment on climate change.
"It is just a matter of applying existing law, although undoubtedly not all judges will be open to this. Judges with the courage to give a ruling on this will one day be applauded, whereas those who don't will eventually be tarred and feathered," Spier said.
Taking its lead from Urgenda and the 900 Dutch plaintiffs, a group of well-known Belgians have started legal proceedings against their government.
Photo: Mikael Miettinen | Flickr
