Intergenerational Rights Are Children’s Rights: Upholding the Right to a Healthy Environment through the UN Convention on the Rights of the Child

Abstract

In recent years there has been significant attention accorded to the right of children to a healthy environment, including in litigation. Frequently cited in these efforts is the principle of intergenerational equity devised by Brown Weiss in 1989. The principle remains largely rhetorical however, and is frequently conflated with the rights of ‘future generations’ (often taken to mean those ‘yet to be born’). The position of children in relation to future generations remains somewhat unclear. This may be overshadowing the potential for legally tackling the climate crisis via the promising route of children’s rights. This article considers intersections between intergenerational equity, children’s rights and the rights of future generations. It is emphasised that intergenerational rights are children’s rights. Relying on the UN Convention on the Rights of the Child – and particularly the best interests principle – will be crucial both for securing climate justice, and ensuring that justice is children’s rights based.

Keywords: The right of children to a healthy environment; climate crisis; intergenerational equity; future generations; children’s rights; the best interests principle

JEL Classification: K3