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Child/Youth Leadership and Climate Cases — Postpaternalism in the Courts?

This article examines the phenomenon of child/youth leadership within climate litigation. We argue that it is a part of postpaternalism, whereby children/youth engaging grassroots action (for the first time, on a global scale), rather than well-meaning adults ‘giving’ them their rights. Analysis is provided of 15 child/youth-involved climate cases. We identified that the leadership of children is inherent in their taking of these cases, and particularly in the way that they assert their constitutional/human rights as legalactors. We found significant reference in applications to children’s leadership in their communities and countries. Children are engaging in leadership as they see it on behalf of all children/youth; or on behalf of humanity more broadly. We found some limited reference to their leadership in the judgments and outcomes of cases. We conclude by arguing that the involvement of children/youth in these cases is crucial for human rightsand for the climate.

Authors

Aoife Daly & Lucy Walsh

Year
2026
Journal Name
Oñati Socio-Legal Series
Category
Journal Article
Keywords
Children’s rights, Climate crisis, Cases, Climate Change Litigation
Full Citation

Daly, A. and Walsh, L. (2026) “Child/youth leadership and climate cases: Postpaternalism in the courts?”, Oñati Socio-Legal Series. doi: 10.35295/osls.iisl.2552 

Link to Publication
https://opo.iisj.net/index.php/osls/article/view/2552

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