Indigenous peoples, among others, are taking a leading role in climate litigation and using it as a strategic platform to drive policy and governance reform. This report argues that a more in-depth analysis of rights-based climate litigation is required. Especially given the inequitable impacts of climate change on Indigenous peoples globally, and the potential structural barriers such as ongoing colonisation that tend to affect government responsiveness and responsibility, there is a compelling need to understand how climate litigations may be used strategically. 

The report synthesises existing literature on how Indigenous peoples globally are drawing on national and international law to take a human rights-based approach to climate change litigation. More broadly, the report analyses Indigenous-led climate litigation and its implications, particularly for Aboriginal and Torres Strait Islander peoples and the Australian legal context. 

The report makes recommendations for how legal services, communities and policymakers can support strategic climate litigation and reduce barriers to bringing cases forward to court. Steps for governments to progress climate justice are also recommended.