Australian Government should pass Duty of Care law to protect future generations from climate impacts
A legislated duty of care to current and future Australian children would positively accelerate the Australian Government’s action to tackle climate change and create a fairer and more sustainable future, said the Human Rights Law Centre.
In a submission to a Senate Inquiry into the Duty of Care Bill, the Human Rights Law Centre stressed that the climate crisis poses an existential threat to current and future generations of children and called for the Albanese Government to support the Bill.
Keren Adams, Legal Director at the Human Rights Law Centre said:
“Australian children are already experiencing the devastating impacts of climate change, which are being felt most acutely by the most disadvantaged in our communities. Our current laws are failing us. These impacts will grow exponentially into the future if action is not taken now.
“Intergenerational equity should be at the heart of the Australian Government’s decisions around climate. If enacted, the Duty of Care law will result in fewer coal, oil and gas projects being approved, a faster transition to net zero and a brighter future for Australian children and for humanity.”
Anjali Sharma, youth climate activist and Duty of Care campaigner said:
“As the law stands, there is no policy mechanism that compels governments to assess the impacts of their decisions on current and future generations in the context of climate change. This is an unacceptable policy gap, and signals to young people that their health and wellbeing is a secondary interest in policy debates. A legislated Duty of Care is a sensible mechanism by which this policy gap can be plugged.”
The Duty of Care Bill, which was introduced by independent Senator David Pocock, would compel the Government to consider the health and well-being of current and future Australian children when making decisions about whether to approve projects that could significantly increase greenhouse gas emissions.
The Human Rights Law Centre has recommended that the Government:
enacts the Duty of Care Bill, with an additional requirement that decision-makers consider impacts on children's rights as well as their health & well-being;
requires decision-makers to engage and consult meaningfully with children and young people when considering potential climate impacts on them;
As a further measure to strengthen Australia's response to the climate crisis, the Human Rights Law Centre also recommended that the Government enshrines the right to a clean, healthy, and sustainable environment into Australian law as part of a national Charter of Human Rights.
The Human Rights Law Centre noted that the proposed law would advance Australia’s international commitments under the Convention on the Rights of the Child and bring Australia in line with countries like Canada and Portugal which have recently passed similar laws.
Media Contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au