Environmental Justice (EJ) is a Multiaceted concept that seeks to ensure fairness in the distribution of environmental benefits and burdens, emphasizing respect, protection, and fulfillment of environmental rights for all, including present and future generations. At its heart, EJ addressess the disproportionate impact of environmental degration on vulnerable communities and extends this principal to consider the legacy for those yet to come. This article explores how the rights of future generations are conceptualized within environmental justice frameworks, the legal and philosophical challenges they pose, and the mechanism being developed to safeguard them.
The Foundation of Environmental Justice and Integrational Equity:
Environmental justice emerged in the 1980s primarily in the united states, as a response to environmental racism, where communities of color and low- income groups were disproportionately exposed to pollution and hazardous waste. The movement has since expanded globally, advocating for equitable access to a clean, healthy, and sustainable environment. A key principal of EJ is intergerational justice, which recognizes that current action- such as resource depletion, pollution, and climate change- have profound implications for future generation’ ability to enjoy the same environmental rights as those alive today.
The concept of intergenerational equity is deeply rooted in indigenoud practices, such as the maori principle of considering the impact on “mokopuna’s mokopuna” ( four generations into the future) and the native American “seventh generation sustainability” principle which calls for decisions to ensure the survival of seven generations hence, these cultural persepectives have influenced modern legal frameworks, with countries like Zimbabwe (Article 73 of its constitution) and Norway (Article 112) explicitly recognizing the right to a protected environment for both present and future generationa.
Legal Recognition of future generation’ Rights:
The Rights for future generations are increasingly being addressed through national constitutions, international law, and climate litigationor instance:
Constitutional Protections: Countries like Germany, Hungary, Brazil, and Bolivia have enshrined environmental rights for future generations in their constitutions. Bolivia’s constitution, for example, grants citizens the right to a healthy environment while considering the rights of future generations.
International law: the 2015 Paris agreement, while omitting explicit references to future generations in its final text, implicitly supports intergenerations in its final text, implicitly support intergenerational equity through its commitment to sustainable development. The Universal Declaration of human rights and other human rights treaties emphasize the timeless nature of human dignity, suggesting that future generations are entitled to the same protections.
Climate Litigation: Courts worldwide are becoming critical arenas for advancing the rights of future generations. In Neubauer et al. v. Germany, youth plaintiffs successfully argued that inadequate emission reduction targets violated the rights of future generations by failing to align with the Paris Agreement’s goals. Similarly, in Future Generations v. Ministry of the Environment in Colombia, the Supreme Court ordered an intergenerational pact to address Amazon deforestation, recognizing the ecosystem’s role in sustaining future generations.
Philosophical and Practical Challenges
Despite these advancements, recognizing the rights of future generations raises complex philosophical and practical questions:
1. Are Future Generations Rights-Holders? Some argue that justice toward future generations falls under supererogation (actions beyond moral duty) rather than obligation, as future individuals do not yet exist and cannot reciprocate. However, scholars like Edith Brown Weiss counter that future generations hold human rights by virtue of shared humanity, a view supported by international law’s emphasis on universal dignity.
2. Defining Environmental Goods in Justice Frameworks: Environmental goods like clean air, water, and soil differ from traditional objects of distributive justice (e.g., wealth). They are emergent, interconnected, and finite, complicating their inclusion in justice theories. Yet, framing these as human rights—essential for life and well-being—provides a foundation for intergenerational environmental justice.
3. Asymmetry of Power: The temporal gap between generations creates an asymmetry where current decision-makers hold power over future outcomes without accountability. This raises questions about whether obligations of justice apply to non-overlapping generations and how to predict future preferences or environmental conditions.
4. Justiciability and Standing: Courts face challenges in defining “future generations” and determining who can represent them. Cases like Six Youths v. Minister of Environment in Brazil show youth acting as proxies for future generations, but the lack of clear legal definitions complicates enforcement.
Mechanisms for Protecting Future Generations
To address these challenges, innovative mechanisms are being developed:
• Institutional Representation: Countries like Wales have established Commissioners for Future Generations to advocate for long-term environmental interests. Similarly, New Zealand’s Parliamentary Commissioner for the Environment considers both human and non-human interests, reflecting synergies between ecological and intergenerational justice.
• Rights of Nature: Recognizing ecosystems as rights-holders, as in Colombia’s recognition of the Amazon River ecosystem, indirectly protects future generations by preserving the natural systems they depend on.
• Non-Regression Principle: This emerging principle in international environmental law prohibits states from adopting measures that reduce environmental protections without scient • Intergenerational Impact Assessments: Encouraging governments and corporations to evaluate the long-term environmental consequences of their actions can prioritize sustainability over short-term gains.
The Role of Education and Activism
Education is pivotal in fostering a culture of environmental justice that prioritizes future generations. By teaching intersectionality—how climate change intersects with racism, poverty, and other inequalities—educators can empower youth to address root causes of environmental injustice. Hands-on activities, like mapping pollution sources near marginalized communities, make these connections tangible.
Activism also plays a crucial role. Youth-led movements, such as those behind the UN General Assembly’s 2023 resolution requesting an International Court of Justice advisory opinion on climate obligations, amplify the voices of future generations. However, environmental defenders face significant risks, including violence and repression, underscoring the need for stronger protections.
Conclusion: A Call for Transformative Change:
Environmental justice demands that we view the rights of future generations not as abstract ideals but as urgent obligations. By integrating intergenerational equity into legal systems, institutional frameworks, and societal values, we can move toward a sustainable future where all generations—present and future—enjoy a clean, healthy, and equitable environment. This requires confronting systemic inequalities, amplifying marginalized voices, and challenging short-termist paradigms. As the climate crisis intensifies, the question is not whether we owe future generations justice, but whether we have the courage to deliver it.ific justification, safeguarding the rights of both present and future generations. Mexico’s courts have applied this principle to challenge regressive climate policies.
Contributed by : Sonam Rawat (Intern)