South Korea’s Constitutional Court Rules Government’s Lack of Long-Term EmissionsTargets Unconstitutional
Seoul, August 29, 2024 – In a landmark ruling, South Korea’s Constitutional Court has declared the government’s failure to set emissions reduction targets beyond 2031 unconstitutional. The court stated that the lack of long-term goals fails to adequately protect citizens’ fundamental rights, violating the country’s constitution. Thismarks the first time in Asia that a court has ruled against a government for insufficient climate action, recognizing the potential for climate change to infringe upon citizens’ environmental rights.
The court’s decision stems from four separate petitions challenging the constitutionalityof Article 8, Paragraph 1 of the Carbon Neutrality Basic Act, which outlines the country’s emissions reduction framework. The primary point of contention was the government’s failure to establish concrete targets for emissions reductions beyond 2030. While the government has set a goal of reducing greenhouse gas emissions by 40% compared to 2018 levels by 2030, no specific targets were outlined for the period between 2031 and 2049.
The Constitutional Court, in aunanimous decision, found this omission to be in violation of the constitution. The court stated that the lack of long-term targets undermines the government’s obligation to protect citizens’ fundamental rights, specifically their right to a healthy environment. This ruling effectively recognizes the potential for climate change to directly impact citizens’ well-being andfuture, thus requiring the government to take proactive measures to mitigate its effects.
The court’s decision has significant implications for South Korea’s climate policy. The ruling effectively nullifies the existing Article 8, Paragraph 1 of the Carbon Neutrality Basic Act, requiring the government and parliament to revise the lawand implement a more comprehensive climate strategy. This includes establishing clear and ambitious targets for emissions reductions beyond 2030, ensuring that the country remains on track to achieve its carbon neutrality goals.
The case was initially brought to court in March 2020 by the Youth Climate Action group, ayouth-led organization advocating for stronger climate action. The group argued that the government’s current emissions reduction targets were insufficient to fulfill the commitments made under the Paris Agreement, jeopardizing the future of younger generations and placing an undue burden on them to address the climate crisis.
This landmark ruling highlights the growing recognition of climatechange as a fundamental human rights issue. It underscores the importance of long-term planning and ambitious targets in addressing the climate crisis, ensuring that future generations are not left to bear the brunt of inaction. The South Korean government is now under pressure to revise its climate policies and demonstrate its commitment to protecting citizens’ fundamental rights inthe face of climate change.
The court’s decision is expected to have a ripple effect across Asia, encouraging other countries to take a more proactive approach to climate action and prioritize the protection of citizens’ environmental rights. It marks a significant step towards ensuring a more sustainable and equitable future for all.
【source】https://cn.yna.co.kr/view/ACK20240829004600881?section=society/index&input=rss
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