Human Rights Commission "Welcomes Constitutional Court's Decision on Carbon Neutrality Act Unconstitutionality"

"Policies Must Be Established from a Human Rights Perspective"

The National Human Rights Commission of Korea (NHRCK) expressed its welcome for the Constitutional Court's decision declaring Article 8, Paragraph 1 of the Framework Act on Carbon Neutrality to be unconstitutional.

[Image source=Yonhap News]

On the 30th, Song Doo-hwan, Chairperson of the NHRCK, stated in an official press release, "The Constitutional Court's decision on Asia's first climate lawsuit will have a significant impact on ongoing climate litigation worldwide," and added, "We hope that greenhouse gas reduction targets set for after 2031 will consider future generations and that climate crisis policies will be developed from a human rights perspective."

He continued, "We also hope that the '2035 National Greenhouse Gas Reduction Target' to be submitted to the United Nations Framework Convention on Climate Change in 2025 will comply with international standards and set responsible reduction goals as an advanced country."

Earlier, on the 29th, the Constitutional Court ruled that Article 8, Paragraph 1 of the Framework Act on Carbon Neutrality, which only sets the greenhouse gas reduction target ratio until 2030 and does not provide any quantitative standards for reduction targets from 2031 to 2049, is unconstitutional.

The Court explained the background of its decision, stating, "It fails to effectively guarantee gradual and continuous reductions until the 2050 carbon neutrality target date and regulates reduction targets in a way that shifts excessive burdens to future generations, violating the principle of prohibition of insufficient protection and the principle of legal reservation, thereby breaching the obligation to protect fundamental rights," and declared, "The relevant legal provisions must be amended by February 28, 2026."