Children's Human Rights-based Climate Litigation at the Frontiers of Environmental and Children's Rights. Issue 2 (3rd April 2021)

• Record Type: Journal Article
• Authors: Lewis, Bridget
• Is Part Of: Nordic journal of human rights. Volume 39:Issue 2(2021)
• Page Start: 180
• Page End: 203
• Publication Date: 2021-04-03
• Subjects: Climate change -- children's rights -- environmental rights -- climate justice -- intergenerational justice; Human rights -- Periodicals; Human rights -- Scandinavia -- Periodicals; 323
• DOI: 10.1080/18918131.2021.1996002
• Languages: English
• ISSNs: 1891-814X

Abstract

ABSTRACT: Around the world, young activists are demanding stronger action from governments to address the climate emergency and to ensure intergenerational climate justice. An emerging strategy in this fight has been the use of litigation, particularly within human rights frameworks. This article analyses two current human rights-based climate cases brought by children and young people, Sacchi et al. v Argentina, Brazil, France, Germany and Turkey, a petition to the Committee on the Rights of the Child, and Duarte Agostinho & Ors v Portugal & Ors, a case pending before the European Court of Human Rights. It argues that these cases have the potential to advance the frontiers of both children's rights and environmental rights, as they offer an opportunity for human rights bodies to clarify a number of issues relevant to rights-based approaches to climate change. The cases also show the potential of climate litigation to empower young people and elevate their voices within climate decision-making.