In February of this year, 58 experts from across the globe gathered in Maastricht to adopt 36 Principles on the Human Rights of Future Generations (the ‘Principles’). The Principles acknowledge that future generations have often been neglected in human rights discussions, and thus “seek to clarify the present state of international law as it applies to the human rights of future generations”. They do so by consolidating the legal framework that is prescribed under human rights and international law.
The Principles are forward-looking, in that they recognise that States may incur additional obligations as human rights law continues to develop. The original signatories to the Principles include current or former UN Special Rapporteurs, representatives of regional human rights organisations, and academics from a wide range of educational bodies. The Principles mark the culmination of “close to six years of research, dialogue and collective brainstorming” in the field of international human rights.
The preamble to the Principles recognises that “human rights extend to all members of the human family, including both present and future generations”, and notes the importance of safeguarding the rights of the environment and vulnerable groups such as women, indigenous peoples, and traditional communities. The 1st Principle defines “future generations” broadly (to include “persons, groups and peoples”), and the 2nd Principle notes that the legal basis for protecting the rights of those generations stems from both international law and the general principles of law. The 3rd Principle requires that any limitations on future generations’ rights be expressly provided for under international law. The 4th Principle notes that the Principles “must be interpreted and applied in a manner that is consistent with humanity’s dependence on Nature and all living beings”.
The 5th Principle proclaims the universality and indivisibility of individual and collective human rights. The 6th Principle confirms the entitlement of future generations to the equal enjoyment of those rights – and requires that States eliminate direct and indirect discrimination. The 7th Principle obliges States to impose “reasonable restrictions” on activities that undermine the human rights of current and future generations, and the 8th Principle compels those generations to protect the Earth on an ongoing basis. The 9th Principle requires States to take preventative action where there are reasonable grounds for concern that a State or non-state actor will harm future generations’ human rights – and also specifies that the burden of proof shall rest upon the party suspected of creating the harm.
The 10th Principle places an individual and collective duty upon States to practice international solidarity when protecting human rights. The 11th Principle obliges States and non-State actors to learn from and protect indigenous people, and the 12th Principle requires that States take inspiration from traditional communities and ensure that their knowledge remains available for future generations. The 13th Principle places a broad obligation on States to respect, protect and fulfil the human rights of future generations. The 14th and 15th Principles define the State’s jurisdiction in the field of human rights as being expansive, but nonetheless confined by the UN Charter and by international law.
The 16th Principle prevents States from engaging in conduct which is reasonably likely to result in a violation of the rights of future generations, and the 17th Principle sets out a non-exhaustive list of those violations (which includes “developing or using artificial intelligence systems that threaten the full enjoyment of human rights of future generations”). The 18th Principle obliges States to adopt appropriate legislative and other mechanisms to protect human rights against violations from both public and private actors, and the 19th Principle notes that such violations include the “failure by States to phase out fossil fuels within the shortest possible time”. The 20th Principle places a duty on States to take steps such as removing structural barriers for women and girls so as to advance human rights, and the 21st Principle makes clear that a breach of said duty includes “the failure to take individual and collective measures to reduce inequality both within and between States”.
The 22nd Principle compels States to create enabling conditions for future generations to participate in representative decision-making in matters that affect human rights, and the 23rd Principle requires that States make every proactive effort to provide future generations with information that affects their rights. The 24th Principle sets out the (joint and individual) extra-territorial obligations placed upon States to safeguard human rights. The 25th Principle proclaims that “non-State actors, including business enterprises, must at the very minimum, respect the human rights of future generations”, and the 26th Principle obliges intergovernmental organisations to create an enabling global environment for the realisation of human rights. The 27th Principle details the obligations that are placed on individuals, NGOs and communities to promote the human rights of future generations.
The 28th Principle requires that States effectively incorporate human rights protections into their domestic legal system. The 29th Principle defines “victims” broadly (future generations “who face a substantial and reasonably foreseeable risk of suffering human rights violations”), and the 30th Principle compels States to provide victims with an effective remedy for violations of their human rights. The 31st Principle makes clear that a State is responsible for a breach of its obligations under the Principles from the moment that it fails to act in conformity with same.
The 32nd Principle notes that the duty placed on States includes a duty to “provide effective guarantees of non-repetition of violations”, and the 33rd Principle makes clear that “victims are entitled to full and effective reparation”. The 34th and 35th Principles deal with the need for restoration and, where that is not possible, compensation where a violation of human rights has occurred. Finally, the 36th Principle proclaims that satisfaction following a violation may take the form of a number of measures (including, where applicable, a public apology or sanctions against those responsible).
Click here for the Maastricht Principles on the Human Rights of Future Generations.