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Future Generations v. Ministry of the Environment and Others

“Demanda Generaciones Futuras v. Minambiente”

Filing Date: 2018
Reporter Info: 11001 22 03 000 2018 00319 00
Status: Decided
Case Categories:
  • Suits against governments
    • Human Rights
      • Youth/Children
  • Suits against governments
    • Human Rights
      • Right to a healthy environment
Jurisdictions:
  • Colombia
    • Supreme Court
      • Superior Tribunals
Principal Laws:
  • Colombia
    • Constitution
Summary:

According to a press release and copy of the complaint obtained from the organization Dejusticia, 25 youth plaintiffs between the ages of 7 and 26 years old have sued several bodies within the Colombian government, Colombian municipalities, and a number of corporations to enforce their claimed rights to a healthy environment, life, health, food, and water. The plaintiffs allege that climate change along with the government's failure to reduce deforestation and ensure compliance with a target for zero-net deforestation in the Colombian Amazon by the year 2020, (as agreed under the Paris Agreement and the National Development Plan 2014-2018), threatens plaintiffs’ fundamental rights. The youth plaintiffs have filed a special constitutional claim called a “tutela” used to enforce fundamental rights.

A lower court ruled against the youth plaintiffs. Youth plaintiffs filed an appeal on February 16, 2018.

On April 5, 2018, the Supreme Court reversed the lower court decision, recognizing that the "fundamental rights of life, health, the minimum subsistence, freedom, and human dignity are substantially linked and determined by the environment and the ecosystem." It further recognized the Colombian Amazon as a “subject of rights” in the same manner that the Constitutional Court recognized the Atrato River. The Supreme Court declared that the Colombian Amazon accordingly was entitled to protection, conservation, maintenance, and restoration. The Court ordered the government to formulate and implement action plans to address deforestation in the Amazon.

At Issue: Youth plaintiffs seek to enforce fundamental rights to a healthy environment which they claim are threatened by climate change and deforestation.
Case Documents:
Filing Date Type File Summary
01/29/2018 Complaint Download Original Complaint (in Spanish)
02/12/2018 Decision Download Lower Court Ruling (in Spanish)
02/12/2018 Opinion Download Dissent in Lower Court Ruling (in Spanish)
02/16/2018 Appeal Download Appeal (in Spanish)
03/16/2018 Not Available Download Amicus Brief from Dr. James E. Hansen
04/05/2018 Decision Download Supreme Court Decision in Spanish
04/05/2018 Decision Download Unofficial Translation of Excerpts from the Supreme Court Decision

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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