Accountability and enforcement
Our societies operate on the assumption, and often the need, for those who break the rules to be held to account for their actions. Even in a system based on respect, dignity and mutual trust, there will be times when policies and laws to promote Future Justice will not be adopted, implemented, or will be ignored - by individuals, companies and governments. When this happens, there will need to be ways to enforce the laws, to recognise the interests of future generations legally, and to hold those responsible to account.
There are a number of ways to do this:
- establish an institution to represent the interests of future generations, such as an Ombudsperson, Guardian or Trustee
- grant standing in the courts to those representing the interests of future generations
- allow amicus curiae briefs in court proceedings
- establish a specific court or chamber for disputes concerning future generations
- recognise the interests of future generations expressly in a State’s constitution
Read Councillor C.G. Judge Weeramantry on Future Generations and international law here.
We actively engage for the wide-spread recognition for the need of official representation of Future Generations in our policy- and decision-making today.
The most serious misbehaviour, however, should be criminalised: conduct that is threatening the very survival of future generations or their livelihoods needs to amount to a Crime against Future Generations.
Interview with the Hungarian Ombudsman for Future Generations
Parliamentary commissioners or ombudspersons are elected as independent watchdogs to monitor the protection of human rights as defined in a country’s constitution. Hungary has four such Ombudspersons and their competencies for intervention vary significantly. The Parliamentary Commissioner for Future Generations has comparatively strong powers and can stop on-going activities causing severe harm to the environment or intervene in on-going administrative and court procedures.
Given these significant powers, the World Future Council engages with the Hungarian office to learn and advise how this best existing institution to protect the rights of future generations could be further strengthened and become a role model for all other governments. Maja Göpel, WFC Director Future Justice, visited the Hungarian Ombudsman Dr. Sándor Fülöp in Budapest. Read the interview here.
"Our traditional ideas of justice and legal procedure have been fashioned erga singulum, i.e. against an individual or individuals. Notions of environmental justice go far beyond this notion and are based on notions erga omnes, i.e. towards the whole world. Traditional legal procedures and concepts will need to be recast in this reality..."
WFC Councillor Judge C.G. Weeramantry
