Child and Youth Friendly Justice for the Climate Crisis: Relying on the UN Convention on the Rights of the Child

Abstract

The climate crisis is a human rights crisis, and one of the worst affected groups is children and youth. This same group has been key to climate action in and outside of the courts. As well as engaging in numerous consultative fora such as COP, and in the introduction of a General Comment on the right of children to a healthy environment, they have gone on to become key litigators in climate cases/applications at both national and international level. These justice processes are, however, notoriously ill suited to the particular needs of children and youth. Child friendly justice is a concept which has been elaborated in recent years by the Council of Europe. Yet climate litigation is very different to the cases (e.g. in family law) in which children have traditionally been partiesamongst other things it can involve very public campaigns. This article considers child and youth friendly justice in the context of the climate crisis through the UN Convention on the Rights of the Child, and through the concepts of access, participation, interests, and judgments.

Keywords: Convention on the Rights of the Child, youth climate activism, climate crisis, intergenerational justice, environmental rights