Climate Change, Children’s Rights and the Rights of Future Generations

Year 2024, Volume: 3 Issue: 2, 165 - 172, 18.09.2024

Doğa Bulat

https://doi.org/10.62425/conicom.1520699

Abstract

The children’s right to a healthy, clean, and sustainable environment is intrinsically linked to climate change. Among various international legal instruments, the Convention on the Rights of the Child (CRC) stands out as a critical framework for safeguarding children against rights violations arising from climate change. The right to a healthy, clean, and sustainable environment intersects with numerous CRC provisions. This study argues that CRC provisions, particularly the principle of the best interests of the child, can and should be strategically employed in climate litigation. The CRC is also pivotal for recognising the rights of future generations—often mentioned in landmark climate cases but still debated as to whether they hold a rights-bearing status. Failing to acknowledge the rights of future generations as integral to child rights presents a significant obstacle to effectively securing the right to a healthy, clean, and sustainable environment for children. This study argues that relevant CRC articles can be utilised in climate litigation to encompass the rights of future generations, thereby more effectively upholding the rights of children today and those who will be born in the future.

Keywords

Climate change, Right to healthy, clean and sustainable environment, Children’s Rights, Future generations

References

• Arslan, Z. (2021). The status of the international law in the Turkish constitution: Anayasa Mahkemesi. President’s speeches. http://www.anayasa.gov.tr/en/president/presidents-speeches/the-status-of-the-international-law-in-the-turkish-constitution/
• Arts, K. (2019). Children’s rights and climate change. In Children’s rights and sustainable development (pp. 216–235). https://doi.org/10.1017/9781108140348.010
• Convention on the Rights of the Child. (1989, November 20). https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
• CRC Committee. (2013). General comment No. 14: On the right of the child to have his or her best interests taken as a primary consideration (CRC/C/GC/14). https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=5&DocTypeID=11
• Steffen, B. (2014). Children’s rights are future rights! IDOS. https://www.idos-research.de/en/the-current-column/article/childrens-rights-are-future-rights/ [Accessed June 5, 2024].
• CRC Committee. (2023). General comment No. 26: On children’s rights and the environment, with a special focus on climate change (CRC/C/GC/26). https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=5&DocTypeID=11