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The Rights of Future Generations In recent case law worldwide .

The Rights of Future Generations In recent case law worldwide . Parliament of Finland, Wednesday 8 June 2016 Jan van de Venis @janvandevenis JustLaw WaterLex Stand Up For Your Rights Grrrowd Worldconnectors, acting Dutch Ombudsman for Future Generations

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The Rights of Future Generations In recent case law worldwide .

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  1. The Rights of Future Generations In recent case law worldwide. • Parliament of Finland, Wednesday 8 June 2016 Jan van de Venis @janvandevenis • JustLaw • WaterLex • Stand Up For Your Rights • Grrrowd • Worldconnectors, acting Dutch Ombudsman for Future Generations • Supporting Member Roundtable for Institutions for a Sustainable Future

  2. Litigation ‘on behalf’ or ‘in the interest’ of future generations Jan van de Venis @janvandevenis

  3. Litigation on behalf of future generations • Dutch Urgenda CaseClimate - Civil Law: Tort • USA Our Children’s Trust CasesClimate - Administrative Law: negligent departments • NHRI The PhilippinesClimate - National Human Rights Institution research of Carbon Majors: 50 biggest emitters • Pakistan caseClimate: Constitutional Court: Human Rights • Australian caseMining: Administrative: permit Jan van de Venis @janvandevenis

  4. Fairness towards Future GenerationsThe principle of fairness for future generations means: that the policy should not only start from what is most beneficial to the current generationat this moment, but also what this means for future generations, so that future generations are notexclusively and disproportionately burdened with the consequences (of climate change). 3. Climate change litigation. Often on behalf of future generations • Dutch Urgenda Case Jan van de Venis @janvandevenis

  5. COP 16 – COP 21 from climate change having an impact on human rights to the preambule of the Climate Treaty: Human Rights and Intergenerational Equity. UN OHCHR, HRC and UN SRs incl. John Knox SDGs and Human Rights - Rights Based Approach:“We will implement the Agenda for the full benefit of all, for today’s generation and for future generations.” Cases for future generation: mostly in relation to climate change and based on human rights Jan van de Venis @janvandevenis

  6. Climate change, human rights, SDGs, and rights of future generations“We will implement the Agenda for the full benefit of all, for today’s generation and for future generations.” Jan van de Venis @janvandevenis

  7. Analysing: Prof. Bach Mostly Climate change litigation. Often on behalf of future generations Second wave. Difference with first wave (early 2000s): The first wave of national litigation used national laws and norms to make their cases. Current wave of climate change mostly relies on international norms (human rights) and data developed via the UNFCCC and IPCC when seeking relief under domestic laws. Jan van de Venis @janvandevenis

  8. Cases on behalf of future generations definitely are part of the change! Jan van de Venis @janvandevenis

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