Children and Youth in Strategic Climate Litigation
Advancing Rights through Legal Argument and Legal Mobilization
Bibliographic Data
| ID | 4609952 |
|---|---|
| Authors | Elizabeth Donger (New York Law School, corresponding author) |
| Year | 2022 |
| Volume | 11 |
| Issue | 2 |
| Pages | 263-289 |
| Publication date | 2022-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102522000218 |
| OpenAlex | W4282826243 |
| Language | EN |
| Citations received | 21 |
| References cited | 17 |
Children and young people constitute more than one quarter of all plaintiffs in rights-based strategic climate litigation cases filed globally up to 2021. This article examines the implications of this development for children's environmental rights inside and outside the courtroom, relying on the analysis of case documents, media coverage, and the broader literature on strategic climate litigation and children's rights. The article finds that children are well placed to make powerful arguments for intergenerational justice. Conversely, children's rights arguments that address their current-day grievances are under-utilized. More consistent inclusion of these types of claim could strengthen children's environmental rights, clarifying and enforcing legal obligations towards children in the context of the climate crisis as it unfolds. The involvement of children in strategic climate litigation, moreover, can advance the critical role of this demographic as stakeholder in climate solutions. However, the participation of children also raises ethical and practical dilemmas, which are currently poorly understood and only haphazardly addressed
Climate change · Climate justice · Economic Justice · Geography · Law and economics · Mobilization · Plaintiff · Political science · Social science · Sociology · Stakeholder · Climate Change and Geoengineering · Environmental Justice and Health Disparities · Environmental law and policy · Law
Fulfillment of The Living Rights of Children the Victims of Divorce in the Muslim Community of Lombok, Indonesia
Child and Youth Friendly Justice for the Climate Crisis
Child/youth leadership and climate cases
Turning the Rights Lens Inwards’
An Ecocentric Perspective on Climate Litigation
Young people as a political subject in the context of environmental governance
Courts, climate litigation and the evolution of earth system law
Climate change litigation as a tool for climate change education
The Legal Form of Climate Change Litigation
More than a Placard
Can democracy accelerate sustainability transformations? Policy coherence for participatory co-existence
Rethinking Effective Remedies to the Climate Crisis
Supporting youth participation and action in climate change
Impacts of climate litigation on firm value
An inevitable conflict? A scoping review of climate change and generations
The Possibility of Radical Change in Transnational Environmental Law
A Review of Qualitative Studies of Parents’ Perspectives on Climate Change
Legal, Regulatory, and Governance Innovation in Transnational Environmental Law
Fuzzy Universality in Climate Change Litigation
Future Generations Litigation and Transformative Changes in Environmental Governance
Legal mobilization in a global context
A future for the world's children? A WHO–Unicef–Lancet Commission
Underestimating the Challenges of Avoiding a Ghastly Future
Serving Two Masters
Applying a leverage points framework to the United Nations climate negotiations
The Impact of Hurricane Matthew on School Attendance
When the kids put climate change on trial
Famous, Beloved, Reviled, Respected, Feared, Celebrated
Life trajectories of youth committing to climate activism
Emma González, Silence and Youth Testimony
Incorporation of the UN Convention on the Rights of the Child in National Law
Constitutional Protection of Children’s Rights
Can the Paris Agreement Help Climate Change Litigation and Vice Versa
Realizing the Right to Be Cold? Framing Processes and Outcomes Associated with the Inuit Petition on Human Rights and Global Warming
| Unique citing works | 21 |
|---|---|
| Citations per year | 5,25 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 19 |