A Parliamentary enquiry on a suggested amendment to a government Bill is not usually the stuff of headlines. It is important, however, because the Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill 2023 would bind decision-makers to consider the impact of their decisions on the health and wellbeing of children now and in future generations, and would prevent them from making decisions about the exploration and extraction of coal, oil and gas if they have deleterious effects on children. The amendment would have a strong effect on Australia’s response to climate change.
The Jesuit Social Services submission to the enquiry drew on the organisation’s experience and research to support the Amendment. It argues that the increased heat and rising sea levels associated with climate warming are already affecting people who experience disadvantage, including Aboriginal and Torres Strait Islander people in the Northern Territory. In Western Sydney, too, where many people experience multiple forms of disadvantage, including high levels of poverty, family violence, mental and physical health challenges and limited access to education, the predicted increase in days of extreme heat and the consequent heat stress will affect children in particular.
Australia has existing obligations under UN resolutions to address climate change. It also bears legal responsibilities as a signatory to the Human Rights Convention on the Rights of the Child. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights all include the right to life, the right to health, the right to a healthy environment and the right to development. The submission argues that the commitments under these instruments to safeguard the lives and rights of children extends to children in future. The government is also committed to the Paris Agreement and other conventions, and, of course, to the implementation of its own policies. It is so far struggling to meet the targets to which it has itself committed.
Legal cases brought by children around the world have also multiplied. They include an Australian court decision in favour of children, overturned on appeal, and a successful complaint to the United Nations Human Rights Committee.
Such cases have drawn attention to the rights of children. They have also exposed the restrictions on the voice of children, who will be most affected by climate change. Children need to overcome many difficulties in order to take legal action. They are also unable to vote in the election of governments responsible for addressing climate change. If their future is to be safeguarded, they need the support of amendments to existing legislation such as those that are the subject of this enquiry.
(These reflections are drawn from one of many submissions made by Jesuit Social Services to government enquiries on current issues. The submissions always focus on the needs of people, especially young people, whom our Jesuit Social Services staff accompany and whose experience and needs we seek to understand.) You can find the submission on https://jss.org.au/policy-submissions/submission-to-the-climate-change-amendment-duty-of-care-and-intergenerational-climate-equity-bill-2023/.