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Shouldering the Burden of Intergenerational Justice: Children and Youth Representing Future Generations in Climate Change Politics, Law and Litigation
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- By Kata Dozsa
- Edited by Philip Czech, Universität Salzburg, Lisa Heschl, Karl-Franzens-Universität Graz, Austria, Karin Lukas, Central European University, Budapest, Manfred Nowak, Universität für angewandte Kunst Wien, Gerd Oberleitner, Karl-Franzens-Universität Graz, Austria
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- Book:
- European Yearbook on Human Rights 2023
- Published by:
- Intersentia
- Published online:
- 04 April 2024
- Print publication:
- 30 November 2023, pp 29-52
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- Chapter
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Summary
ABSTRACT
Although, in the climate change context, the view that the interests and rights of children and future generations overlap, the two groups have distinct characteristics. Most importantly, the concept of future generations lacks a clear legal definition, as opposed to the position of children, whose rights are protected by human rights instruments. The future generations are ‘voiceless’, whereas children have a right to express views, and to participate in decisionmaking or judicial procedures – although this right is oft en limited. In addition, children and youth involved in climate activism are typically sensitive to social justice issues, and engage in advocacy for the rights of the ‘voiceless’ future generations. However, this is not necessarily a voluntary mission, as it is oft en strongly influenced by distributed external factors: the much emphasised (trans) generational proximity between children and those to be born (‘children's children’); political pressure and ignorance; or, as increasingly seen, a litigation strategy designed to argue on behalf of those most vulnerable to climate change.
Th is contribution fleshes out common and distinct features of future generations and children in the political discourse, in relevant international law, and in recent examples of climate change litigation. A critical approach serves to underline the mutual benefit of linking these groups by enhancing intergenerational justice and children's agency, while also pinpointing a number of risks and ethical concerns in relation to instrumentalising young people for the purpose of representing future generations. Foremost, linking children with future generations, even if just symbolically, holds the risk of shift ing the dutybearers’ responsibility for climate action, including protection of the rights of future generations, on to the presently living youngest ones – those with the least power to fulfil this role. Shouldering such a weight may not only motivate children to build resilience and agency, but could also overwhelm them with feelings of guilt, helplessness and anxiety. This contribution showcases both mistreatments of this imbalance, and solutions that law-makers, practitioners and courts could apply when considering human rights of children and future generations.
In all that we do, we inherently represent not only ourselves, but past and future generations.
The Inconvenient Truths of the Eco-Generation: Mapping the Role of Children (and Youth) in the Global Climate Change Governance
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- By Kata Dozsa
- Edited by Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner
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- Book:
- European Yearbook on Human Rights 2020
- Published by:
- Intersentia
- Published online:
- 11 February 2021
- Print publication:
- 01 December 2020, pp 391-418
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- Chapter
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Summary
ABSTRACT
Attributing children the characteristics of political actors is not necessarily immediate or conspicuous. This could be even more pronounced when environmentally concerned young people (ecological citizens) wish to act across national borders to address global environmental problems. Even though children are identified as key actors in the sustainable implementation of long-term climate change policies, and their inclusion in decision-making processes is recognised as a guarantee of intergenerational equity, children's access to different participatory methods, spaces and processes in public affairs has been the subject of debate for decades. Based on an ongoing socio-legal doctoral research, this contribution takes into account two main approaches to children's statuses and roles in climate change governance: firstly, the normative background of children's right to participate in public affairs in the area of climate change, mainly at international level; and secondly, the social developments of the mainstream methods and tools of participation, including the recent emergence of climate change lawsuits and the global youth movement. The contribution includes recommendations for strengthening the socio-, legal and policy framework which could provide guarantees for children to participate in climate change governance.
PROLOGUE: THREE EPISODES
1. Ahead of the United Nations (UN) Climate Action Summit in New York starting on 23 September 2019, a side event, organised for the first time by the UN exceptionally for young people involved in protecting the climate, took place on 21 September 2019. The gathering was called the ‘UN Climate Change Youth Summit’, but interestingly when the call for participation was launched, the minimum age for applicants was set to 18, and a resume of the applicant that matched the expectations of the organisers was required. Following a highly selective procedure, ‘one hundred outstanding young climate champions from around the world’ out of over 7,000 applicants received a funded ‘Green Ticket’ to travel the Summit in New York. For the unsuccessful applicants, a variety of alternative participatory methods were suggested: among others, to record a video about their own climate leadership and post it on Twitter; to follow the Youth Summit livestream on the Summit website with the possibility of sharing a message with the global audiences of the Summit; and to host a separate ‘minisummit’ with support from the ‘Museum for the United Nations – UN Live’.