Editorial
Progress in environmental litigation
Science Photo Library C034/4968
For the UN Environment and
Colombia Law School’s Sabin
Center report see http://
columbiaclimatelaw.com/
files/2017/05/Burger-Gundlach-
2017-05-UN-Envt-CC-Litigation.
pdf
Getty Images SAM YEH / Staff #: 687584828
For the ILGA report see http://
ilga.org/ilga-state-sponsored-
homophobia-report-2017/
For The Lancet Series see http://
www.thelancet.com/series/hiv-
in-men-who-have-sex-with-men
and http://www.thelancet.com/
series/transgender-health
2164
Ahead of June 5, which marks World Environment Day,
the UN Environment and Colombia Law School’s Sabin
Center issued a 40-page report, The Status of Climate
Change Litigation—a Global Review, released on May 23,
which brings together environmental cases of litigation
to date. Effective solutions to combat the effects of
climate change have been slow to arise. One of the
main barriers to implementation is that holding one
government or organisation accountable for a global
issue is misaligned with the scale of the problem.
The report shows that since the introduction of the Paris
Agreement, citizens and non-governmental organisations
have had increasing success in lawsuits related to develop­
ment, resource extraction, and air quality. Legal action
was also taken to demand that political statements issued
by governments be backed up by concrete measures to
address climate change. For instance, when 21 plaintiffs
filed a lawsuit against the US Government to compel them
to reduce CO2 emissions to no greater than 350 ppm by
2100, citing their constitutional rights to life, liberty, and
Advancing LGBTIQ rights
Last week, the lesbian, gay, bisexual, transgender,
intersex, queer or questioning (LGBTIQ) community
celebrated the historic decision of the Constitutional
Court in Taipei, Taiwan, ruling in favour of same sex
marriages, becoming only the second country in the Asia
Pacific region to do so after New Zealand. Yet the same
week saw the inhumane public caning of two gay men in
Banda Aceh, Indonesia. Although homosexuality is not
criminalised in Indonesia at large, the caning joins the
rising (often publicly supported) number of nationalistic
attacks against the LGBTIQ community globally.
According to a recent report by the International Lesbian,
Gay, Bisexual, Trans and Intersex Association (ILGA)
State-Sponsored Homophobia—A World Survey of Sexual
Orientation Laws: Criminalisation, Protection and Recognition,
72 jurisdictions (over a third of UN member states)
currently criminalise private consensual sex between two
adults of the same sex. Progress is slow—nine states have
constitutions that explicitly guarantee equality for citizens
on the basis of sexual orientation and gender identity,
while another nine enact the death penalty. Multifactorial
property, the courts found in the plaintiffs’ favour using
a novel application of the so-called public trust doctrine.
The report also identifies an expected rise in the number of
climate refugees—1 billion people by 2050. This migration,
combined with the mounting costs of natural disasters—
up to US$300 billion per year to governments worldwide—
highlights the urgent need for improved planning,
engineering, and policy to prevent disaster.
Robert Glasser (UN Office for Disaster Risk Reduction)
said in an interview with UN News, “it’s inconceivable
that we’ll achieve the [Sustainable Development Goals]
if we don’t get a handle on reducing disaster risk,
including climate risk”. To safeguard the future of the
planet and people’s health and wellbeing, policy makers
must consider that although expanding resources
to mitigate climate change today might seem less
attractive than policies that might yield more immediate
and politically popular economic benefits, governments
must consider the inherent costs—and the growing legal
consequences—of ignoring climate change. n The Lancet
influences, such as conservative religious views or peer
pressure, influence an individual’s tolerance of even the
most unacceptable barbarity.
The Lancet suggests three areas of focus for the global
health community to accelerate progress. First, intensify
support for rights-based community efforts. Two Lancet
Series—HIV in men who have sex with men (2012) and
transgender health (2016)—placed human rights as the
central challenge and solution in advancing the health of
key populations. Second, LGBTIQ health data still suffers
chronic omission from most health initiatives. This needs
to be rectified. Finally, promote good leadership—such
as Taiwan, which now joins 22 other countries leading
by recognising marriage equality. With member states
recently electing the first African head of WHO—Dr Tedros
Adhanom—there is renewed opportunity for leadership
in advancing LGBTIQ rights and health, particularly in
Africa where around 30 states criminalise same-sex
relations. Compassionate-rights-based efforts and decisive
leadership at all levels will bring us more reasons to
celebrate, rather than attack, human diversity. n The Lancet
www.thelancet.com Vol 389 June 3, 2017