Guarantee access to justice

An independent judicial system is key for environmental and climate justice

Judiciaries are integral for safeguarding the rights of all citizens, ensuring the rule of law is applied across society and providing important checks on the powers of lawmakers and the executive branch. When there are conflicts on the application or enforcement of laws impacting climate, nature or social equity, judiciaries are often the last bastion for citizens to seek justice.

Access to justice in the context of nature and climate is often about the resolution of disputes and enforcement of the law in ways that have direct equity implications. Environmental disputes are especially complex because they frequently concern natural resources vital to communities that have historically been disadvantaged.

An United Nations Environment Programme report on environmental rule of law identifies three main challenges to accessing justice in environmental matters: financial, geographical or jurisdictional barriers, such as legal standing; lack of capacity or accessibility of lawyers, judges and technical experts; and lack of government resources to invest in rule of law infrastructure — i.e., making sure the public is aware of available mechanisms and publicizing court decisions.
 

Climate litigation is growing but obstacles remain

To ensure action toward climate goals, civil society must be able to use courts to challenge public and private actors. A 2023 assessment of climate litigation trends showed that over 2,300 climate litigation cases had been filed to date, and of the 549 with a decided verdict, over 50% were favorable to climate action.

However, companies and other actors accused of human rights violations or environmental harms also use the courts to silence or sanction critics in what are often referred to as “strategic lawsuits against public participation” (SLAPPs). One report identified 355 SLAPPs between 2015 and 2021, 65% of which were related to mining, agriculture and livestock, logging and lumber, and palm oil sectors, and others have reported similar findings.

The indicators in this shift together suggest that most of the world’s population still lacks timely and affordable access to courts and tribunals that are independent and free from improper influence or corruption. In 2024, less than 40% of the 140 surveyed countries had reliable access to timely and affordable justice that was free from improper influence, corruption or discrimination and was effectively enforced. Of the indicators, only affordability is trending in the right direction. Alternative dispute mechanisms — which can help settle disputes without the costs of litigation — is the only indicator where most countries are demonstrating effective implementation.

A range of measures can help overcome barriers to justice, enabling access for all

Governments can undertake a wide range of measures to make the justice system more accessible and responsive to all citizens. This includes, for instance, granting legal standing to concerned citizens, communities, Indigenous groups or others; establishing independent and impartial courts; and ensuring that judges possess the legal, scientific and/or technical expertise necessary to adjudicate complex issues.

Some countries, including Bolivia, Colombia, Ecuador, New Zealand and local governments in the United States, have gone beyond granting legal standing to individuals to bring environmental cases in the public interest, and have given standing to nature generally or specific ecosystems.

Easing the financial burden can also make the judicial system more accessible to all, such as by setting reasonable court fees, waiving fees for indigent or public interest plaintiffs, and ensuring affordable legal aid.
 

The indicators in this shift are all directional, with an increasing trend indicating improvements in access to justice. While there are no specified global targets or timeframes, robust and effective mechanisms to protect the rights of communities, as well as environmental and climate defenders, can only be realized if these key measures of the justice system show rapid improvement.