AQ: Australian Quarterly

Whose Public Interest? The Rights of Future Generations

Under the principles of international environmental law, our collective decision-making should be guided by the goal of intergenerational equity. Intergenerational equity was famously theorised by Edith Brown Weiss, who argued that present generations must leave the planet in no worse condition than when they received it, to ensure that future generations have equitable options and access to natural and cultural resources of an equitable quality.

Yet in Australia we continue to see approvals of new coal mines, gas fields, nuclear submarines, and other projects and policies that could have serious negative consequences for future generations.

It’s not only environmental matters that raise issues of intergenerational equity. Economic, social, and cultural policies are frequently oriented towards short-term benefits, often linked to short electoral cycles and the self-interest of voters, lobby groups, and politicians alike. Longer-term policies that may not yield benefits for several decades, tend to be less politically appetising, more difficult to cost, and more challenging to sell to voters. Compounding this short-termism is the fact that future generations don’t have representation and can’t be part of the discussion on decisions that will affect them.

FUTURE GENERATIONS RECEIVE VERY LITTLE PROTECTION IN AUSTRALIA. IN PART THIS IS BECAUSE OF OUR PATCHY HUMAN RIGHTS LAWS…[AND] THERE ARE NO DEDICATED MECHANISMS TO REPRESENT FUTURE GENERATIONS’ INTERESTS

In recognition of these factors, a group of international experts recently adopted the Maastricht Principles on the Rights of Future Generations.1 The Principles explain that human rights are enjoyed by all people equally, regardless of when they are born, and assert that governments have obligations to protect the rights of future people.

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References
The Voice to Parliament and the Silent Majority 1. https://www.abc.net.au/news/2023-08-02/fact-check-indigenous-australians-support-for-the-voice/102673042 2. https://nit.com.au/17-10-2023/8174/indigenous-areas-heavily-backed-the-voice-to-parliament

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