Australian Government should pass 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, the Human Rights Law Centre will tell a Senate committee in evidence today.

In its submission to the 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. 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 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.” 

Lilla Smyth Langdon, student, in their submission to the inquiry:  
“As a young person, I am relying on the government to leave me (as well as generations succeeding me) with a healthy, thriving earth. At the moment that is not happening. Climate change is accelerating at a rate never seen before, and as a young person it is often easy to feel helpless… This submission is my way of expressing my political views on climate change as I am not yet old enough to vote, but nevertheless I want the government to hear my opinions on their current climate policies.”  

Background 
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 has 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 passed similar laws. 

Read: Submission to the Environment and Communications Legislation Committee for Inquiry and Report on the Duty of Care Bill

Watch: Keren Adams, Legal Director and Jack McClean, Senior Lawyer at the Human Rights Law Centre appear before the Senate Committee at 3.50PM AEDT on Thursday 22 February here

Image: Fahan Junior School

Media contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au