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

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.