Climate change lawsuits are increasing worldwide. Precedents have begun to emerge in Türkiye.
Important Cases in the World
- Urgenda vs Netherlands (state's obligation to reduce emissions)
- Juliana vs USA (youth climate case)
- Shell vs Netherlands (company emission reduction)
- European Court of Human Rights: Klimaseniorinnen case (2024)
Cases in Türkiye
- Lawsuits filed by environmental associations
- Insufficiency of renewable energy transition
- Coal power plants cases
- No high-profile climate cases yet
Case Types
- Inadequate climate policy of the state
- Company emission reduction obligation
- Carbon-intensive project cancellation
- Compensation (to climate victims)
Legal Basis
- Constitution Article 56 (healthy environment)
- Paris Agreement
- Constitutional right to life
- Right to the next generation (still controversial)
Difficulties of Proof
- Difference between climate and damage difficult to establish causality
- Scientific consensus required
- Link to extreme weather events
- Cumulative impact in general
Company Responsibility
- Greenhouse gas emission reporting
- Climate risk assessment
- Sustainability report
- Investor pressure (ESG)
Constitutional Court Approach
The Constitutional Court accepts that "the right to live in a healthy and balanced environment" is a fundamental right and the state carries a positive obligation in environmental protection cases. A ready ground is being created for climate cases.
Environmental law lawyer recommended.