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South Koreans sue government over climate change, saying policy violates human rights

Plaintiffs, lawyers and activists gather outside South Korea’s constitutional court in Seoul ahead of a public hearing for a climate lawsuit on Tuesday, April 23, 2024.

SEOUL — As plaintiffs, lawyers and activists chanted slogans outside South Korea’s constitutional court on Tuesday, 17-month-old Woodpecker giggled, sending ripples of laughter through the crowd.

Woodpecker is the nickname of Choi Heewoo, the youngest among more than 250 plaintiffs involved in Woodpecker et. al. v. South Korea, one of four petitions filed since 2020 that the court is considering together in a landmark case.

The plaintiffs argue that by not effectively tackling climate change, their government is violating its citizens’ human rights.

While there are other cases in progress elsewhere, this is the first in Asia to have a public hearing and plaintiffs say that the court’s verdict, when it comes, is also likely to be the first in Asia.

Woodpecker’s mom and legal representative Lee Donghyun made him a plaintiff while he was still in her womb. She says South Korea’s government is deferring the task of reducing carbon emissions to future administrations and younger generations.

“The more we think this task can be delayed now, the bigger the burden our future generations will have,” she says. “I think it’s the same as passing on a debt to your children.”

Environmentalists criticize carbon emission reduction goals

Plaintiffs argue that South Korea’s goal of reducing carbon emissions by 40% by 2030 compared to 2018 levels is insufficient — it will lead to disastrous climate change and violate their constitutional rights.

South Korea’s human rights watchdog has filed an opinion with the government, stating that climate change is a human rights issue, and that the government is therefore obligated to protect citizens from it.

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