Peer-Reviewed Journal Details
Mandatory Fields
Aoife Daly
Netherlands Quarterly of Human Rights
Intergenerational Rights are Children’s Rights: Upholding the Right of Children to a Healthy Environment
Optional Fields
children's rights; Intergenerational Rights; climate change; Right of Children to a Healthy Environment
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.
Grant Details