
Contents
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1 Introduction 1 Introduction
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2 Relevant Children’s Rights (Human Rights) Law 2 Relevant Children’s Rights (Human Rights) Law
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2.1 Relevant Provisions in the CRC 2.1 Relevant Provisions in the CRC
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2.2 The Right to a Healthy or Adequate Environment 2.2 The Right to a Healthy or Adequate Environment
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2.3 The Paris Agreement on Climate Change 2.3 The Paris Agreement on Climate Change
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3 Assessment of the Law, including Relevant Perspectives and Critiques 3 Assessment of the Law, including Relevant Perspectives and Critiques
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3.1 The Convention on the Rights of the Child (CRC) 3.1 The Convention on the Rights of the Child (CRC)
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3.1.1 Guiding Principles 3.1.1 Guiding Principles
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3.1.2 Survival and Development Rights 3.1.2 Survival and Development Rights
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3.1.3 Protection Rights 3.1.3 Protection Rights
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3.1.4 Participation Rights 3.1.4 Participation Rights
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4 Impact of the Law—Progress and Obstacles 4 Impact of the Law—Progress and Obstacles
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4.1 Children’s Access to the Complaints Procedure before the CRC Committee 4.1 Children’s Access to the Complaints Procedure before the CRC Committee
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4.2 Legal Obstacles to Climate-Related Cases before Regional Human Rights Courts 4.2 Legal Obstacles to Climate-Related Cases before Regional Human Rights Courts
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4.2.1 Children’s Standing before Regional Human Rights Courts and Commissions 4.2.1 Children’s Standing before Regional Human Rights Courts and Commissions
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4.2.2 Other Legal Obstacles 4.2.2 Other Legal Obstacles
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4.2.2.1 The European Court of Human Rights 4.2.2.1 The European Court of Human Rights
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4.2.2.2 The Inter-American System of Human Rights 4.2.2.2 The Inter-American System of Human Rights
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4.2.2.3 The African System of Human Rights 4.2.2.3 The African System of Human Rights
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4.3 Claims by Children before National Courts 4.3 Claims by Children before National Courts
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5 Conclusion: Key Challenges and Possibilities for the Way Forward 5 Conclusion: Key Challenges and Possibilities for the Way Forward
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5.1 Challenges for States 5.1 Challenges for States
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5.2 Challenges for Regional Human Rights Courts and Monitoring Bodies 5.2 Challenges for Regional Human Rights Courts and Monitoring Bodies
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5.3 Possibilities for Children with the Support of Children’s Rights NGOs 5.3 Possibilities for Children with the Support of Children’s Rights NGOs
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5.4 Conclusion 5.4 Conclusion
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Notes Notes
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22 Climate Change and Children’s Rights
Get accessChristine Bakker, PhD, European University Institute, Florence, is an international lawyer specializing in human rights law including children's rights, international environmental law, and climate change.
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Published:07 May 2020
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Abstract
The relationship between climate change and children’s rights has been explicitly recognized in the 2015 Paris Agreement on Climate Change. This chapter considers how the enjoyment of children’s rights can be endangered by climate change and critically discusses the potentialities and limitations of children’s access to justice before international and regional human rights bodies to hold states accountable for their failure to protect these rights. The chapter concludes with some key challenges for states, human rights bodies, NGOs, and children themselves, suggesting, inte alia, that states should adopt a fully integrated approach toward climate policies, sustainable development, and their obligations under the Convention on Rights of the Child and that children, with the support of NGOs and other stakeholders, should fully exploit their access to justice and their participatory rights to influence decision-making on climate change that directly affects their current and future lives.
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