Environmental degradation and climate change increasingly pose profound threats to the survival, health, and dignity of both present and future populations. Across the world, constitutional litigation has progressively framed environmental protection as a fundamental human rights concern, frequently grounded in constitutional guarantees of the “right to life.” This research examines whether the doctrine of intergenerational justice can transform constitutional environmental duties into enforceable legal claims against the state. It investigates the conceptual foundations of intergenerational equity, the gradual expansion of constitutional rights to include environmental protection, and the emergence of judicial decisions recognising responsibilities toward future generations. Through comparative examination of landmark cases such as Oposa v. Factoran, Neubauer v. Germany, and Verein KlimaSeniorinnen Schweiz v. Switzerland, the paper assesses whether future generations can effectively hold governments accountable for environmental negligence. The research concludes that although issues of standing and justiciability continue to present challenges, evolving constitutional interpretations increasingly recognise intergenerational rights as integral components of the right to life and human dignity.
Jubaer Shah (Tue,) studied this question.