The struggle is now: why we should be cautious about granting present rights to future generations

Abstract

The appeal to future generations as a means to legitimise climate litigation is growing. The idea of advocating for the rights of future generations is closely linked to the recognition of the human right to a healthy environment (HR2HE); this right is seen as a conditio sine qua for the existence of future generations. However, this appeal – and the conceptual connec‐ tion it entails – raises various questions. Is it feasible to distinguish between present and future generations in the context of the climate crisis? Can all future people be meaning‐ fully treated as a single, homogenous category? What rights, if any, do future generations have? And who can speak on their behalf? This short contribution offers a preliminary analysis of the issue, reflecting the key arguments presented during the workshop on HR2HE and IP and now gathered in this edited volume. While protecting the planet for future generations is crucial, the legal invocation of future generations remains unclear and inconsistent. This chapter will briefly discuss this inconsistency by (i) arguing that “future generations” do not constitute a coherent group of (present) rightsholders; (ii) contending that the consequences of advancing a legally vague approach to future generations and future generations’ rights need further analysis; (iii) questioning whether granting rights to future generations is an adequate means to tackle the climate crisis.