12-Year-Old Child Leading Final Climate Lawsuit Argument: "Delaying Solutions Erases the Future"

"It is absolutely unfair to ask us (future generations) to solve such enormous problems like climate change. If the future becomes worse than it is now, we may have to give up everything we dream of."

On the 21st, the final public hearing day for the climate constitutional complaint, Han Je-a, a child petitioner of the Baby Climate Lawsuit, is holding a closing statement and posing for a photo in front of the Constitutional Court in Jongno-gu, Seoul. (Photo by Yonhap News)

On the 21st at 2 p.m., Han Je-a (12), a 6th grader at Heukseok Elementary School in Dongjak-gu, Seoul, who appeared for the final argument in the 'Climate Crisis Lawsuit' held at the Constitutional Court of Korea (Constitutional Court) in Jongno-gu, Seoul, said, "If we postpone what we can do now until later, our future will disappear as if submerged in water." The Constitutional Court conducted the final arguments on four constitutional complaints regarding climate filed by youth, civic groups, and infants. Han is one of the 62 children who filed the Baby Climate Lawsuit in 2022.

During her closing statement, Han asked, "When adults were my age, did they teach you at school how to live amid the climate crisis?" She added, "We are already learning at school what happens if global warming worsens," emphasizing, "because we have to live even in a future where the climate crisis has arrived and know how to reduce carbon emissions."

She also urged again, saying, "Adults can vote to elect members of the National Assembly or the president, but children have not had that opportunity," and "Participating in this lawsuit is the only action I can and must take for the future."

Besides Han, Kim Seo-kyung, who filed the youth climate lawsuit, and Hwang In-cheol, head of the Climate and Energy Team at the Green Union who filed the citizen climate lawsuit, also spoke at the hearing. Team leader Hwang said, "I hope the Constitutional Court will clarify that the state's primary duty in the era of the climate crisis is to protect citizens' lives and fundamental rights," adding, "I hope the Constitution of the Republic of Korea will be recorded as a charter of rights in the era of the climate crisis."

This case is especially notable as South Korea is the first Asian country where a lawsuit concerning the 'NDC target' set by the national government is being heard by the highest court. The Nationally Determined Contribution (NDC) goal to reduce carbon emissions by 40% by 2030 (compared to 2018 emissions) is being examined by the nine Constitutional Court justices to determine whether it infringes on the petitioners' constitutional rights such as the right to live in a stable climate, environmental rights, right to life, right to health, and the pursuit of happiness.

Before the petitioners' closing statements, Professor Park Deok-young from Yonsei University Graduate School of Law appeared as a witness and testified. Professor Park stated, "While all countries on Earth have an obligation to work together to respond to climate change, countries with large past emissions and strong climate response capabilities must bear greater responsibility and roles," emphasizing, "Our country ranks 17th in cumulative emissions worldwide, and from the perspective of capacity, according to classifications by the UN Statistics Division, the World Bank, or any standard, South Korea must fulfill the role of a developed country."

In response, the government side presented Yoo Yeon-cheol, Secretary General of the UN Global Compact Korea Association (former UN Climate Ambassador at the Ministry of Foreign Affairs and Trade), as a witness. Secretary General Yoo said, "Climate change must be viewed with a long-term perspective," adding, "It is still premature to leave the 2030 NDC target to judicial judgment." The justices posed detailed questions to both witnesses, leading to exchanges of dialogue.

Following the hearing on the 23rd of last month, the argument procedures concluded on this day. The justices will reach a conclusion after deliberation. The legal community expects that a decision will be made before Justice Lee Eun-ae retires in September this year.