Duty of Care Now a Global Legal Reality

The tide has turned, and Australia must catch up.

The world’s highest court just declared something profound: climate action is not optional. It’s a legal obligation. States have binding responsibilities under international law to reduce emissions, protect ecosystems, and uphold human rights of present and future generations.

The decision came from a campaign led by Pacific youth, supported by over 130 countries, and championed by Vanuatu and other small island nations on the climate’s frontlines.

But here in Australia, just weeks ago, our Federal Court rejected the landmark Torres Strait Eight case. It ruled that the Government doesn’t owe a legal duty of care to protect Torres Strait Islanders from the impacts of climate change.

And last year, the Albo’s and his Labor mates teamed up with Peter Dutton and the Liberals to block Senator David Pocock’s Duty of Care Bill, which aims to enshrine in Australian law a responsibility to protect children and future generations from climate harm.

Thankfully, this ICJ decision reshapes the moral and legal terrain. It says governments like ours do have a duty to prevent foreseeable harm caused by climate change. It says wealthy nations like Australia must do more, not less. It affirms that inaction is an internationally wrongful act that states can be held accountable for. And it says governments can be held responsible for enabling corporate pollution - that means Environment Ministers like Murray Watt can’t keep giving Woodside the greenlight for more massive gas approvals.

The principle of a duty of care is no longer on the fringe. It’s international law.

Australia Can’t Hide Behind Legal Technicalities Anymore

For too long, Australian governments have relied on technicalities to shirk their moral responsibilities and keep digging up coal and pumping out gas. They say stuff like:

“We can’t be held responsible for exported coal.”

“Future generations can’t sue.”

“There’s no legal duty of care.”

But the world’s highest court has just made clear that climate action is a legal imperative. Justice isn’t just a matter of politics. It’s a matter of law, of ethics, and of survival.

Time to Act: Support the Duty of Care Bill

The ICJ ruling gives Senator Pocock’s Duty of Care bill new impetus. It represents a chance to bring Australian law into line with international justice, our own values, and most importantly our kids’ and Country’s future.

👉🏽 Write to your MP and Senators.

👉🏽 Back Senator Pocock’s Duty of Care Bill.

👉🏽 Stand with Torres Strait Islander communities and Pacific youth who led this charge.

There’s no more excuses for delay. A clean, safe future isn’t just a hope. It’s a human right. And now, it’s a legal duty.