Yet, amidst this despair, there is still a bit of hope - the unwavering determination of young people who refuse to surrender in this fight. Labelled rightly as a children’s rights crisis, we’ve witnessed youth-led climate strikes such as Fridays for Future. Students across the globe left their classrooms, demanding immediate action from governments. These passionate activists, often not old enough to vote, are proving that age is not a barrier to making a significant impact and that they are willing to stand up for their own future.
It’s their vulnerability, motivation and unyielding commitment that motivated me delve into the complex issue of climate change through the lens of children’s rights. My hope: to create a game plan that empowers children to stand for their claim to protection against climate change.
One aspect that was particularly important to me was that children themselves could potentially follow this framework and exert their claim to protection. In doing so, I wanted to acknowledge their capacity of not just being passive victims of climate change but active agents of change, empowering them to shape their own destiny and the destiny of our planet.
Furthermore, I made a deliberate choice to centre my research on present harm rather than building an argument solely for the benefit for future generations. The reason is simple yet profound: harm is happening right now. It is a current reality that demands immediate attention.
In the following blogpost, I navigate through the legal landscape surrounding a claim for protection against climate change. This exploration involves a short breakdown of the legal situation, identifying potential responding states and shedding light on obstacles to such a claim. Finally, I offer a brief reflection on the personal journey of delving into the complex world of climate change.
Laying the foundation for my framework
Fueled by the desire to empower children, I embarked on my search to build this framework which would ideally allow children to claim protection against climate change. Quite soon, I encountered the UN Convention on the Rights of the Child (UNCRC), a landmark human rights treaty that stands as the most widely ratified in history. In it enshrined are rights specifically tailored to address the unique needs and vulnerabilities of children.
The Convention is accompanied by three Optional Protocols, each addressing various aspects of children’s rights. Among these protocols, the Optional Protocol on a Communications Procedure (OPIC) stood out as particularly intriguing. This protocol introduces a way for individuals to complain if a state violates their rights under the Convention. By using this process, children can directly inform the Committee on the Rights of the Child that a specific state has not followed the rules. So, the UNCRC, along with the OPIC, gives children a way to speak up and claim protection against climate change
Climate justice beyond borders
In considering the OPIC as a tool for lodging complaints, I read about another compelling development. Historically, responsibility for the majority of greenhouse gas emissions in the earth’s atmosphere can be attributed to industrialised countries (Global North). This contribution is also reflected in the principle of common but differentiated responsibilities. Essentially, this principle recognizes that all countries share an equal responsibility for protecting our environment. However, it also acknowledges that the Global North, has a bigger obligation due to their historical contributions to climate change and their relatively greater resources compared to the Global South.
In this context, it seems logical to consider filing a claim against a country from the Global North, given their large share of responsibility for climate change. Yet, complications may arise when the child bringing the claim (claimant) lives outside the territory of the defending state. This situation can create challenges to the admissibility of a claim. Fortunately, the Committee on the Rights of the Child has recently opened its doors for extraterritorial jurisdiction. This means that a claimant need not necessarily reside within the borders of the defending state to bring a claim. However, it is essential to note that the Committee has established certain requirements and conditions for such extraterritorial cases, which l will explore further in my thesis. Consequently, using the OPIC as a framework allows claimants to bring claims against a state without geographical boundaries.
Obstacles and the age-old question of enforcement
Using the OPIC to file a claim comes with some limitations that are important to understand. Firstly, for an individual to file a claim against a particular state, that state must be a party to the OPIC. If a claim is lodged against a state that is not a signatory, it will be immediately dismissed. Secondly, before filing a claim under the OPIC, the person making the claim must have exhausted domestic remedies. This means that the claimant must first use the judicial complaint procedure available under national law before bringing a complaint to the international level. A claimant is excepted from exhausting national remedies if they can substantiate that national remedies are either unreasonably prolonging the application or are unlikely to bring effective relief. Lastly, it is crucial to know that the Committee on the Rights of the Child cannot force a state to cease certain behaviors with its decision. While it can make recommendations, it does not possess the power to compel a state to take or cease a specific action. Nevertheless, it is worth noting that the weight of a decision from such an international body should not be underestimated, and it can have significant political influence.
A short reflection
Throughout the journey of researching and writing my bachelor thesis on climate change and children’s rights, I found myself confronted with the harsh reality of the current state of our planet. Reading paper after paper, I encountered heart-breaking statistics and narratives documenting the mortality and suffering of children around the world due to of climate change. It was sobering to realise that this is unfolding right under the watchful eyes of the 196 states who pledged to safeguard children.
Yet, there is hope. Domestic and international cases are building up, demonstrating growing awareness and willingness to address the issue. The paths to claim protection are there; they exist within the frameworks and international agreements that bind nations. While the road ahead may be challenging, it is a path we must continue along, knowing that change is possible, and our collective efforts can make a difference.
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In my thesis, I explore the critical intersection between children rights and the threat of climate change. In doing so, my thesis seeks to answer the following research question: 'How can children claim protection against climate change under the Third Optional Protocol to the UNCRC?’.
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