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Home Society Politics & Foreign Affairs

UN’s Landmark Decision: Children’s Right to Sue Over Climate

Discover how the UN's recent decision empowers children to hold governments accountable for climate change

byPatricia Costinhas
September 1, 2023
in Politics & Foreign Affairs, Society
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The United Nations has recently made a significant announcement that could have far-reaching implications in the fight against climate change. The UN’s Committee on the Rights of the Child, a body that interprets international human rights law, has issued a 20-page document recognizing the rights of children to take legal action against governments regarding climate change issues. While this announcement doesn’t carry the force of law, it holds notable significance due to its basis in one of the most widely accepted international treaties.

The Basis for the UN’s Decision

The decision is rooted in the Convention on the Rights of the Child, a treaty that has been ratified by every nation except the United States. This treaty asserts that children have the right to a clean, healthy, and sustainable environment. This right is directly linked to their overall well-being and development. While the committee’s interpretation doesn’t carry the same weight as a law, it highlights the importance of children’s voices in advocating for environmental protection.

The committee’s document underscores that all countries bear a legal obligation to protect children from environmental degradation. This encompasses not only safeguarding children from present harms caused by environmental pollution but also addressing long-term threats like climate change, greenhouse gas emissions, and resource depletion. The ruling essentially states that children have the right to hold governments accountable for their actions or inactions that contribute to environmental harm.

The Road Ahead: Actions and Challenges

The committee’s document emphasizes several actions that nations should undertake immediately. This includes phasing out coal, oil, and natural gas in favor of renewable energy sources, improving air quality, combating marine pollution, and protecting biodiversity. Additionally, the document encourages children’s allowance of class-action suits and public interest litigation, further empowering them to participate in shaping environmental policies.


RELATED ARTICLES: New Chapter in Climate Cases: A Win for Youth in America | Young Europeans Challenge Energy Charter Treaty for Protecting Fossil Fuel Investors

 In recent years, children around the world have been increasingly active in taking legal action against governments for their insufficient efforts in tackling climate change. This endorsement from the UN committee adds weight to their endeavors by recognizing their right to seek legal remedies. These actions align with the principle that citizens, including young individuals, have the right to live in a clean environment, a principle embedded in many national constitutions.

However, not everyone views the committee’s document as comprehensive enough. Some critics argue that it falls short in urging rapid fossil fuel phase-out to mitigate climate change effectively. Despite this criticism, the document’s existence has already sparked meaningful discussions around the role of children in climate justice and their capacity to influence environmental policies.

A Stepping Stone for Climate Action

While the UN committee’s document doesn’t create new legal mandates, it does provide essential guidance and recognition of children’s rights in the context of climate change. By citing the Convention on the Rights of the Child, the committee reinforces the idea that children are entitled to a clean and sustainable environment.

This announcement marks a significant step toward acknowledging the pivotal role of children in driving global environmental action. As young activists continue to advocate for a greener future, this UN endorsement reminds them that their voices and actions matter in the fight against climate change.


Editor’s Note: The opinions expressed here by the authors are their own, not those of Impakter.com — In the Featured Photo: The United Nations Office in Geneva. Featured Photo Credit: Unsplash

Tags: childrenClimate Actionlegal actionRights of the childUN
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Patricia Costinhas

Patricia Costinhas

Patricia grew up in sunny Rio de Janeiro, Brazil, and is currently based in Portugal. She holds a BA in English and a MA in Comparative Literature, and has worked as a language teacher for 7+ years. She is passionate about language, art, and social justice, and can usually be found curled up with a good book.

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