For many years, in a bid to legitimise their claims for urgent action, youth climate activists have sought to put a spotlight on the idea of intergenerational justice – that the pursuit of welfare by the current generation should not diminish opportunities for a good and decent life for succeeding generations.
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Now the idea has gradually entered the mainstream, with courts across the globe demonstrating leadership in and ruling in favour of the protection of future generations. For the first time, the United Nations is also putting in place concrete measures to consider intergenerational equity in its decision-making processes.
At the inaugural Summit of the Future convened by the international organisation in New York which concluded last Monday, world leaders and representatives of business and civil society witnessed the adoption of the Pact for the Future, an action document spanning a broad range of issues from peace and security, to sustainable development and human rights.
A key annex document to the new pact was the Declaration on Future Generations, where member states formally acknowledged the need to consider the rights of future generations in decision-making. It also recommended for the secretary-general to appoint a special envoy to represent and advocate for future generations, as well as raise awareness of intergenerational impacts of important decisions.
Guterres, speaking at the summit, said the pact will help foster more inclusive multilateralism and that he is “totally committed” to the implementation of the ideas in the document. Image: António Guterres / X
Speaking at the summit, UN secretary-general António Guterres said: “The Declaration on Future Generations echoes the call of the United Nations Charter to save succeeding generations from the scourge of war, committing governments for the first time to taking the interests of our descendants into account in decisions we take today.”
These documents come at a time when the world is “heading off the rails”, according to Guterres, characterised by deep geopolitical divides, a slowdown in sustainable development, and a climate crisis that continues to undermine both social and economic progress worldwide.
Commenting on the pact, Sandra Liebenberg, chair of the drafting committee for the Maastricht Principles on the Human Rights of Future Generations said: “One can’t make a neat delineation between present and future generations; unless we recognise the future generations’ human rights in the present, it may be too late for those future generations to repair the harm that is done to their rights.”
The Maastricht Principles, adopted in February last year, are the culmination of six years of extensive research and consultations with a broad range of civil society organizations, experts and scholars in various fields. It recognises future generations as holders of internationally recognised human rights, a concept long neglected in the analaysis and application of broader human rights.
The UN declaration and the proposal to appoint a special envoy for future generations have been welcomed by non-state actors such as international environmental law charity ClientEarth. Pierre Cannet, global head of public affairs and policy at the organisation, said these moves will help build global resilience, “so that our common future is not determined exclusively by national self-interest”.
This explainer takes a closer look at whether the new pact and the appointment of a special envoy to advocate for intergenerational equity will make a difference for the global climate agenda, as well as the outstanding issues that still need to be addressed for any meaningful progress on this front.
Who are the “future generations”?
The declaration defines future generations as “all those generations that do not yet exist, and who will inherit this planet”.
This definition is identical to the one used in the Maastricht Principles, which represents the first systematic attempt to elaborate on the human rights of future generations, and the obligations and responsibilities of states and other actors in recognising these rights.
However, this interpretation has not yet been universally adopted, noted Liebenberg, who is also the Oppenheimer chair in human rights law at Stellenbosch University’s law faculty.
The lack of clarity around who constitutes the “future generations” emerged as a point of discussion during a side panel at the Summit, with speakers emphasising the need for further clarification of the term.
“’Who are the future generations?’ is still a big question that is not widely understood,” said Juliana Almeida, environmental law specialist at the UN Environment Programme (UNEP).
Almeida questioned how future generations are distinct from youths and children, and how the rights, needs and interests varied between these groups.
While youths and children are not formally recognised as future generations, existing documents like the Maastricht Principles on the Human Rights of Future Generations acknowledge these groups as “closest in time to generations still to come”, giving them a distinctive role in shaping a multigenerational mindset.
These sentiments have also been captured in the newly adopted declaration, which commits to more meaningful opportunities for young people to participate in the decisions that shape their lives, at the global level.
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We cannot merely talk about the needs and interests of future generations. That is where I find the current draft declaration on future generations problematic, because it does not use the language of rights.
Surya Deva, UN special rapporteur on the right to development
How does the issue of intergenerational equity intersect with climate change?
Issues of intra- and intergenerational equity – a central tenet of the declaration – were also discussed on the panel.
Liebenberg reaffirmed the notion that the burdens of reducing unsustainable patterns of consumption and reasonable restrictions on rights should fall primarily on the Global North, and that it should not be disadvantaged populations in the Global South that are disproportionately burdened.
Instead, institutions should be created to ensure inclusive and participatory representation of the groups that are systemically deprived, because it is most likely their descendants who will inherit the disadvantages of the present, she added.
In a report published by the Office of the UN High Commissioner for Human Rights (OHCHR) last year, the organisation said the matter of intragenerational equity is particularly salient for those in the Global South, Small Island Developing States (SIDS) and less-developed countries, given their more acute vulnerabilities to the impacts of climate change.
Climate change has been highlighted by the OHCHR as one of the areas where intragenerational equity will be fundamental to addressing both contemporary and future environmental concerns, with an emphasis on the notion that intragenerational equity cannot be divorced from intergenerational equity.
In recent years, there has been a global rise in the number of climate litigation cases brought about by citizens against their governments – an indication that this growing recognition of intergenerational equity has implications for nation-states.
“Future generations are likely to bear an increasingly severe burden of the consequences of present failures and omissions to combat climate change, yet they have no recourse to participate in the current decision-making processes,” said Cannet.
If the UN appoints a special envoy for future generations, the move is expected to support the implementation of ambitious, progressive, and science-driven framework climate laws at the national level, Cannet added, noting that these laws will create stronger obligations on states to protect people and the planet, across all generations.
What comes next?
While the declaration has expanded the framing of current debates to include considerations of impacts on future generations, experts have highlighted critical gaps that need to be addressed for the rights of these generations to be truly protected.
Commenting on the draft declaration which formed the working backbone for the adopted document, UN special rapporteur on the right to development Surya Deva said: “The language of rights is crucial. We cannot merely talk about the needs and interests of future generations. That is where I find the current draft declaration on future generations problematic because it does not use the language of rights.”
He added that it was necessary to start thinking beyond human beings when talking about “the rights of future generations” because the human population cannot survive without the other elements which make up the ecosystem.
Nature rights, which recognise that ecosystems and natural communities are not merely property that can be owned, have received renewed attention in the environmental justice movement, although few jurisdictions enshrine these rights into their laws and constitutions.
The interests of future generations should also be taken into account when it comes to financial planning and policy budgeting, said Deva. “We cannot continue to borrow money and then mortgage the future of future generations.”
