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Child/Youth Climate Litigation: Tracking Children’s Rights and Children’s Impact

Children and youth have been engaging extensively in climate action around the world. They have been doing this by protesting in the streets, talking with governments, and most recently by taking climate litigation against governments and  companies. In this Article, these climate cases are considered from a children’s rights perspective. Using the Youth Climate Justice database, fifty cases are analyzed to consider two aspects of climate litigation—the children’s rights involved in the case, and the significance of the outcomes of the cases. It is concluded that climate cases are a new form of child participation in society, and that child participation has moved from being something primarily aimed at benefiting children to a phenomenon that can benefit the human rights of all.

Authors

Aoife Daly and Liesl Muller

Year
2025
Journal Name
Washington and Lee Law Review
Category
Journal Article
Full Citation

Aoife Daly and Liesl Muller, Child/Youth Climate Litigation: Tracking Children’s Rights and Children’s Impact, 82 Wash. & Lee L. Rev. 1049 (2025). Available at: https://scholarlycommons.law.wlu.edu/wlulr/vol82/iss3/7 

Link to Publication
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4923&context=wlulr

Abstract

Children and youth have been engaging extensively in climate action around the world. They have been doing this by protesting in the streets, talking with governments, and most recently by taking climate litigation against governments and 
companies. In this Article, these climate cases are considered from a children’s rights perspective. Using the Youth Climate Justice database, fifty cases are analyzed to consider two aspects of climate litigation—the children’s rights involved in the case, and the significance of the outcomes of the cases. It is concluded that climate cases are a new form of child participation in society, and that child participation has moved from being something primarily aimed at benefiting children to a phenomenon that can benefit the human rights of all.

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