the UN Special Rapporteur on Human Rights and the Environment, the UN Special Rapporteur on the Rights of Indigenous Peoples, and the UN Special Rapporteur on the Rights of Persons with Disabilities
Environmental Justice Australia on behalf of Shylicia McKiernan and four others
Government of Australia
In October 2021, the United Nations (UN) Human Rights Council made a groundbreaking decision by recognizing the right to a healthy environment (R2HE) as a fundamental human right. Michelle Bachelet, the UN High Commissioner for Human Rights, emphasized that a safe, clean, healthy, and sustainable environment is crucial for human life and urged nations to take ambitious action in this regard.
Australia, under the Paris Agreement, is obligated to set a greenhouse gas reduction target, known as a “Nationally Determined Contribution” (NDC), reflecting its highest possible ambition. Australia chose not to increase its ambition when it set its 2030 target, and instead reaffirmed its initial NDC.
A non-governmental organization (NGO) filed a complaint on behalf of five young people based on the newly recognized R2HE, alleging that Australia’s actions were counter to several UN agreements and human rights, including those of Indigenous peoples and persons with disabilities. The complaint requests UN Special Rapporteurs to assess Australia’s climate change policies, their impact on human rights, especially for young Australians, and to urge Australia to establish a more ambitious 2030 target aligned with its human rights obligations.
The decision remains pending.