Intergenerational rights are children's rights: Upholding the right to a healthy environment through the UNCRC

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Abstract

This article reflects on intersections between intergenerational equity, children's rights and the rights of future generations. Recent climate cases involving children and youth are considered, and the fact that few rely on the UN Convention on the Rights of the Child (CRC) is analysed. It is emphasised that intergenerational rights are children's rights – children are a crucial link between current and future generations. In particular the principle of the best interests of the child, which is widespread in national legal systems, should be relied upon more frequently in climate cases. Arguments can be made that failing to accord sufficient attention to children's rights and interests in climate policies violates the best interests principle. Relying on the CRC may increase the chance of successful outcomes in environmental and climate cases; progressing the right to a healthy environment for all. It will also ensure that adequate attention for children's rights is embedded in such cases.

Original languageEnglish
Pages (from-to)132-154
Number of pages23
JournalNetherlands Quarterly of Human Rights
Volume41
Issue number3
DOIs
Publication statusPublished - Sep 2023

Keywords

  • best interests principle
  • children's rights
  • climate change
  • Convention on the Rights of the Child
  • equality
  • intergenerational equity
  • right to a healthy environment
  • rights of future generations

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