Climate crisis by Aoife Daly
The Conversation, 2024
The European Court of Human Rights has issued a groundbreaking ruling in a case between a group o... more The European Court of Human Rights has issued a groundbreaking ruling in a case between a group of Swiss women and their government. It found that Switzerland is in violation of the European convention on human rights for failing in its duties to combat climate change. The court also set out a path for organisations to bring further cases.
I have been researching human rights for over 20 years and this is one of the biggest wins for rights on the defining issue of our times – the climate crisis.
This case was the first opportunity for the court to consider the duties of states in the context of climate change, and the first climate change case to be heard by an international human rights court. The decision will have a ripple effect across Europe and beyond, as it sets a binding precedent for how courts should deal with the rising tide of litigation in which it is argued that the climate crisis involves human rights violations.
The court calls itself “the conscience of Europe” and its rulings apply in 46 member states, which includes all the EU, plus the UK and various other non-EU countries. Its ruling opens up all these states to similar cases in their own national courts – cases that these states are likely to lose.
Youth, 2024
In this piece it is argued that we are in a 'postpaternalist' era for children's rights, involvin... more In this piece it is argued that we are in a 'postpaternalist' era for children's rights, involving grassroots action from children (for the first time, on a global scale), rather than well-meaning adults 'giving' children their rights. 1 Child/youth climate action has involved under-18s acting for the environment through grassroots protest, media work and lobbying. The UN Convention on the rights of the child (CRC) has arguably to date been approached in a paternalist way, whereby children need adults to help them to access rights. Yet child/youth climate advocates have taken their own action, and demand equality as they enter rights spaces. They are frequently working with adults as equals and allies in litigating climate cases, for example. It is argued that (although there are rights challenges in a postpaternalist time) these young rights leaders have transformed human rights for the better, and adults should facilitate their work in a way that is child and youth friendly. Keywords Postpaternalism; UN Convention on the rights of the child (CRC); youth climate action; climate cases; right to a healthy environment.
Treated Like a Child- Children, equality and international human rights law , 2025
There are a number of groups who will disproportionately suffer due to the climate crisis. One of... more There are a number of groups who will disproportionately suffer due to the climate crisis. One of these groups are those who are under 18 years. Children are active agents who are leading efforts to combat climate change, but they are generally are not permitted to vote, and cannot influence climate policy (though it will affect them the longest). There are a number of difficulties with positioning children/youth in the nondiscrimination/equality framework, including the fact that under-18s are frequently excluded from frameworks prohibiting unfair discrimination. The CRC has generally not resulted in explicit consideration of age discrimination against children (i.e. detrimental treatment for being young/under 18) in the same way that has happened for other groups like women and ethnic minorities. Yet there is potential for doing so, primarily through CRC Article 2. Child/youth climate petitions (e.g. the Duarte Aghostino-'Portuguese youth'petition to the European Court of Human Rights) are increasingly invoking the principle of non-discrimination/equality. It is argued in this article that although such climate litigation is not always legally successful, the reliance on the principle of non-discrimination/equality is a significant transformation in the legal status of children.
The Anthropocene Judgments Project: Futureproofing the Common Law , 2023
For this hypothetical judgment, we envisage a context on the island of Ireland in 2033 where over... more For this hypothetical judgment, we envisage a context on the island of Ireland in 2033 where over 1/5 of the landmass which existed in 2020 is now underwater due to the rising of sea levels. This is due to the climate crisis. Villages such as Barna in Galway on the West Coast of Ireland have been particularly badly affected, with significant levels of homelessness, as well as unemployment from lost land and resources, caused by the crisis. Children and young people have also been disproportionately affected for numerous reasons varying from trauma due to displacement, and lost income.
In 2022, Ireland’s climate governance framework, which commits to reducing greenhouse gas emissions by 51% by 2030 relative to 2018 levels (a 44.5% reduction by 2030 relative to 1990 levels), and carbon neutrality by 2050, is patently inadequate to make a fair share contribution to the global temperature goals of limiting global heating to +1.5°C and well below 2°C as an outer limit.
In this hypothetical case we envisage a group of children coming together similar to the children in the Juliana case in the United States , or the Sacchi case before the United Nations Committee on the Rights of the Child (the implementing body of the UN Convention on the Rights of the Child [CRC]). Included in the submissions of these young plaintiffs would be stories similar to those presented in Saachi – stories outlining the difficulties in their everyday lives due to the effects of the climate crisis.
Netherlands Quarterly of Human Rights, 2023
In recent years there has been significant attention accorded to the right of children to a healt... more In recent years there has been significant attention accorded to the right of children to a healthy environment, including in litigation. Frequently cited in these efforts is the principle of intergenerational equity devised by Brown Weiss in 1989. The principle remains largely rhetorical however, and is frequently conflated with the rights of 'future generations' (often taken to mean those 'yet to be born'). The position of children in relation to future generations remains somewhat unclear. This may be overshadowing the potential for legally tackling the climate crisis via the promising route of children's rights. This article considers intersections between intergenerational equity, children's rights and the rights of future generations. It is emphasised that intergenerational rights are children's rights. Relying on the UN Convention on the Rights of the Childand particularly the best interests principlewill be crucial both for securing climate justice, and ensuring that justice is children's rights based.
International Journal of Children's Rights, 2024
The climate crisis is a human rights crisis, and there is perhaps no other group more affected th... more The climate crisis is a human rights crisis, and there is perhaps no other group more affected than children. Children and youth have been key to climate activism and advocacy, gaining particular prominence since Greta Thunberg sparked a global movement in 2018. As well as engaging in numerous consultative fora such as COP26 and the drafting of a General Comment on the right of children to a healthy environment, they have gone on to become key litigators in climate cases/applications at both national and international level. However these justice processes are notoriously ill suited to the particular needs of children and youth. Child friendly justice is a concept which has been elaborated in recent years by the Council of Europe. Yet climate litigation is very different to the cases (e.g. in family law) in which children have traditionally been partiesamongst other things it can involve very public campaigns. This article considers child and youth friendly justice in the context of the climate crisis through the UN Convention on the Rights of the Child, and the concepts of access, participation, interests, and judgments.
CLIMATE COMPETENCE: YOUTH CLIMATE ACTIVISM AND ITS IMPACT ON INTERNATIONAL HUMAN RIGHTS LAW, 2022
Those who are under-18 are not often associated with the exercise of political rights. It is argu... more Those who are under-18 are not often associated with the exercise of political rights. It is argued in this article however that youth led climate activism is highlighting the extensive potential that children and young people have for political activism. Moreover, youth activists have come to be seen by many as uniquely competent on climate change. Youth activists have moved from the streets to the courts; utilising national and international human rights law mechanisms to further their cause. They are not the first to do so, and the extent of their impact is as yet unclear. Nevertheless, it is argued here that through applications such as Saachi (an application to the Committee on the Rights of the Child) and Duarte Agostinho (an application to the ECtHR) they are shifting the human-centric, highly procedural arena of international human rights law towards an approach which better encompasses personenvironment connections. KEYWORDS: children and youth activism, climate, Saachi, UN Convention on the Rights of the Child, Duarte Agostinho, European Convention on Human Rights
The Conversation, 2021
The UN Committee on the Rights of the Child has determined that a government can, in theory, be h... more The UN Committee on the Rights of the Child has determined that a government can, in theory, be held to account for the impact its country’s carbon emissions have on its children, both within and outside of its borders. This is in response to a complaint filed in September 2019 by youth climate activists, including Greta Thunberg.
The petition alleged that, by failing to reduce carbon emissions in line with the Paris Agreement, five nations – Argentina, Brazil, France, Germany and Turkey – were violating their rights to life, to health and to culture, as guaranteed by the UN Convention on the Rights of the Child (CRC). Thunberg explained that these countries were named for illustrative purposes: they are the highest emitters to have ratified the complaints mechanism of the CRC.
The Conversation, 2021
Even before Greta Thunberg launched her school strike for climate at age 15, youth activists have... more Even before Greta Thunberg launched her school strike for climate at age 15, youth activists have been key players in public action on the climate crisis. Now they’re breaking new ground in court.
On November 30, six Portuguese children and young people brought a historic court case to the European Court of Human Rights (ECHR). Dubbed Duarte Agostinho and Others v. Portugal and Others – or the Agostinho case, for short – it argues that those states which fail to solve the climate crisis are breaching human rights.
In an exciting development last December, the ECHR agreed to fast track the case. The 33 European states - including the UK (which, post-Brexit, remains part of the ECHR system), France and Germany - now have to respond with information about how they will reduce the greenhouse gas emissions that are destabilising the climate.
This case is part of a growing body of systemic climate litigation, which targets broad state policies. Much of it involves youth applicants for a number of reasons, including the fact that so many children and young people are climate-educated and tech-savvy. Unlike other cases, however, this particular application makes the key argument that states are engaging in youth discrimination.
Discover Society, 2020
Children and young people such as Greta Thunberg have been visibly active in protesting against t... more Children and young people such as Greta Thunberg have been visibly active in protesting against the climate crisis. There has however been criticism and suspicion from some quarters of such young protestors. It emerged in January that police advised that those who ‘participate in school walkouts’ should be reported to the authorities responsible for the controversial Prevent anti-radicalisation programme. This action by police (although now rescinded) is an example of a lack of understanding that under-18s have a right to protest under the UN Convention on the Rights of the Child. Children’s activism will only increase with the worsening climate crisis, so adults must accept children’s right to be political, and should value it as part of solutions to threats to humanity.
Global climate activism super hero Greta Thunberg has become the face of those working to achieve attention for the climate crisis since August 2018 when she began her school strike outside the Swedish parliament, and subsequently began the global #fridaysforfuture movement.
Books by Aoife Daly
In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights... more In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commentary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.
Children, Autonomy and the Courts: Beyond the Right to be Heard
Article 12 of the UN Convention on the Rights of the Child (CRC) enshrines a right of children to... more Article 12 of the UN Convention on the Rights of the Child (CRC) enshrines a right of children to be heard and for their views to be accorded due weight. This book considers law and practice from around the globe to demonstrate that the right to be heard is often ill-suited to legal proceedings in which decisions are made in the best interest of the child (for example ‘contact’ arrangements) as it is too vague and limited in cases where children’s personal lives are at issue. The right does not sufficiently mitigate the paternalism of best interest decisions. Children’s wishes are routinely overridden, they are denied basic due process rights, and forced into relationships they do not want. Instead of a right to be heard, it is argued, we need to focus on the concept of autonomy (in the sense of the liberal ideal that we should all have personal freedom in our lives to the extent possible), as autonomy is crucial to our psychological wellbeing and a fundamental principle in liberal democracies. Comparisons are made with medical and disability law and with parents’ rights, where autonomy is treated with the height of seriousness.
A ‘children’s autonomy principle’ is proposed which aims to tackle the difficult question of how to attribute weight to children’s views. It is argued that children’s wishes should be upheld in best interest proceedings unless significant harm would likely arise from following those wishes. Children should have ‘autonomy support’ to consider options and assist them through proceedings. In particular it is necessary to move away from the poorly understood question over how ‘competent’ a child might be, to instead accepting that autonomy denial is harmful and therefore asking whether paternalism is truly warranted.
This book comes at a time when questions are being asked as to how to learn from, build on and move forward from the basic CRC framework. It is a significant contribution to that debate. It will be of interest to children’s rights scholars and advocates, judges, social workers, lawyers, policy makers and legislators.
Children, Capacity and Rights by Aoife Daly
Rethinking Children’s Competence through Children’s Rights: Giving Professionals Space for Supporting Children, 2024
Children's competence is fundamental to their rights, but little understood. Professionals workin... more Children's competence is fundamental to their rights, but little understood. Professionals working with children must sometimes consider whether children have "sufficient understanding" in the words of the Gillick case ([1986] AC 112, [253]), for example to medical consent or to instruct a solicitor. The UN Convention on the Rights of the Child emphasises the right of children to be supported in the exercise of their capacities. This reflects literature on relational competence which emphasises that information and support influences how competent we are. In this paper, semi-structured interviews with a range of UK practitioners working with children are analysed. It emerges that professionals engage frequently with questions around children's understanding or competence, whether or not they are required to officially assess it. The professionals interviewed were deeply supportive of children, and most recognised that competence can be increased through information and support. It seems however that they are operating in systems which frequently provide little time, space or training for them to engage with children in a way which facilitates them to increase children's competence. Failing to support competence, it is argued, serves to make children more vulnerable in systems where they are already lacking in power.
What is “Competence” for Children in Legal Matters?—Views of UK Professionals, 2023
Children's competence is fundamental to their rights-the United Nations Convention on the Rights ... more Children's competence is fundamental to their rights-the United Nations Convention on the Rights of the Child (UNCRC) Article 5 emphasises the right of children to increasingly exercise their own rights in line with their evolving capacities. What actually constitutes competence/capacity for children, however, is little understood. In this research, professionals working with children in the UK were asked opinions on the level of competence required for children to medical consent or to instruct a solicitor. It was found that professionals engage frequently with questions around children's understanding or competence, but may not be officially required assess it. They expressed that they generally assess it intuitively, that they would like more training and clarity on standards, but that they are concerned that greater standardisation may reduce assessment to a tick box exercise.
Child Rights and Development, 2023
Middle childhood is a crucial phase of human development, and it involves enormous transitions in... more Middle childhood is a crucial phase of human development, and it involves enormous transitions in social behaviour, cognition, and motivations. There is variation in how its scope is definedit is roughly considered to be between six to 12 years. Children's social lives become more complex, they spend more time with peers and begin formal schooling in industrialised countries. Yet middle childhood is frequently an overlooked phase. It is often amalgamated with either research on early childhood or on adolescence. The UN Committee on the rights of the child has produced general comments on rights in early childhood, and in adolescence, but none on rights in middle childhood. In this chapter, it is argued that greater attention is needed for children's rights in middle childhood as a distinct phase. This is in particular analysed in accordance with the general principles of the UN Convention on the rights of the child.
This is a brief version of an article which considers how to understand and assess children’s cap... more This is a brief version of an article which considers how to understand and assess children’s capacity (that is their cognitive abilities to know, evaluate and so on) through a children’s rights lens. Medical law in England and Wales (e.g. the Gillick case) is used to consider legal elements of children’s capacity. It is determined that there are no quick-fix definitions of children’s capacity, courts can be inconsistent in their approach, and support can improve capacity. An approach to children’s capacity is then proposed through four concepts based on the UN Convention on the Rights of the Child: Autonomy, Evidence, Support and Protection.
International Journal of Children’s Rights, 2020
This article seeks to reconceptualise approaches to assessing children’s capacity, particularly i... more This article seeks to reconceptualise approaches to assessing children’s capacity, particularly in light of Article 5 of the CRC, which enshrines the principle of the evolving capacities of the child. Professionals regularly assess children’s capacity, for example when doctors treat children, or when lawyers represent child clients. They usually do this assessment intuitively however, as there is little guidance on how assessment should work in practice. Medical law in England and Wales serves as a case study to examine law and practice as well as challenges in the area. It is concluded that it may not necessarily be possible to objectively measure children’s capacity, and it may need to be done intuitively. Yet it should be done via a process which is rights-based. An approach to children’s capacity is proposed through four concepts based on the UN Convention on the Rights of the Child: Autonomy, Evidence, Support and Protection.
Children and the Courts by Aoife Daly
International Journal of Children's Rights, 2022
Cambridge University Press. 356 pages. Hedi Viterbo's book on law, rights and childhood in Israel... more Cambridge University Press. 356 pages. Hedi Viterbo's book on law, rights and childhood in Israel/Palestine is important, timely and creative. This book poses a challenge to dominant narratives about law, human rights, and childhood, not just in the context of Israel/Palestine but also well beyond that space. It poses important questions about childhood, and its social and legal context more broadly, and particularly in relation to human rights frameworks at domestic and international level.
Nordic Journal of International Law, 2022
The CRC as an instrument calls attention to children as a group. Yet paradoxically it has not res... more The CRC as an instrument calls attention to children as a group. Yet paradoxically it has not resulted in explicit consideration of discrimination against children on the basis of childhood (i.e. detrimental treatment for being young/under 18) in the same way that has happened for other groups like women and ethnic minorities. Children are more likely to suffer poverty and violence than adults, and under-18s are largely excluded from national legislation prohibiting unfair discrimination. In this article the jurisprudence of the Committee on the Rights of the Child is examined and it is established that even though child-specific discriminatory practices such as corporal punishment are criticised by the Committee, they are seldom labelled 'discrimination' as such. The Committee reserves consideration of Article 2, which enshrines the principle of non-discrimination, for subgroups of children such as girls and ethnic minorities. It is concluded that Article 2 has great potential for drawing attention to detrimental treatment for being young/under 18, but that the phenomenon must be more explicitly referenced with greater frequency in law, practice, and scholarship.
Oxford Handbook of Forensic Psychology, 2022
Courts are regularly called upon to make judgments on aspects of children’s upbringing, particula... more Courts are regularly called upon to make judgments on aspects of children’s upbringing, particularly where parents separate and there are disputes around where children will live. Relevant laws concerning children have greatly progressed in liberal democracies in the past few decades in terms of greater respect for children as individuals. This has not only been influenced by developments in the discipline of psychology but also by the emergence of rights claims in relation to all groups, such as women and ethnic minorities. Children have come to be recognised as a distinct group of rights-bearers, particularly since the advent of the main human rights instrument pertaining to children, the UN Convention on the Rights of the Child 1989 (CRC).
In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. The UK and Ireland will form the focus of this chapter primarily but many of our points are relevant globally. The CRC has been very influential in terms of bringing a focus to children in such cases. Following an exploration of this instrument and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3 CRC) and principle of respect for the views of the child (Art. 12 CRC). The chapter then examines how an enhanced awareness and understanding of child developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.
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Climate crisis by Aoife Daly
I have been researching human rights for over 20 years and this is one of the biggest wins for rights on the defining issue of our times – the climate crisis.
This case was the first opportunity for the court to consider the duties of states in the context of climate change, and the first climate change case to be heard by an international human rights court. The decision will have a ripple effect across Europe and beyond, as it sets a binding precedent for how courts should deal with the rising tide of litigation in which it is argued that the climate crisis involves human rights violations.
The court calls itself “the conscience of Europe” and its rulings apply in 46 member states, which includes all the EU, plus the UK and various other non-EU countries. Its ruling opens up all these states to similar cases in their own national courts – cases that these states are likely to lose.
In 2022, Ireland’s climate governance framework, which commits to reducing greenhouse gas emissions by 51% by 2030 relative to 2018 levels (a 44.5% reduction by 2030 relative to 1990 levels), and carbon neutrality by 2050, is patently inadequate to make a fair share contribution to the global temperature goals of limiting global heating to +1.5°C and well below 2°C as an outer limit.
In this hypothetical case we envisage a group of children coming together similar to the children in the Juliana case in the United States , or the Sacchi case before the United Nations Committee on the Rights of the Child (the implementing body of the UN Convention on the Rights of the Child [CRC]). Included in the submissions of these young plaintiffs would be stories similar to those presented in Saachi – stories outlining the difficulties in their everyday lives due to the effects of the climate crisis.
The petition alleged that, by failing to reduce carbon emissions in line with the Paris Agreement, five nations – Argentina, Brazil, France, Germany and Turkey – were violating their rights to life, to health and to culture, as guaranteed by the UN Convention on the Rights of the Child (CRC). Thunberg explained that these countries were named for illustrative purposes: they are the highest emitters to have ratified the complaints mechanism of the CRC.
On November 30, six Portuguese children and young people brought a historic court case to the European Court of Human Rights (ECHR). Dubbed Duarte Agostinho and Others v. Portugal and Others – or the Agostinho case, for short – it argues that those states which fail to solve the climate crisis are breaching human rights.
In an exciting development last December, the ECHR agreed to fast track the case. The 33 European states - including the UK (which, post-Brexit, remains part of the ECHR system), France and Germany - now have to respond with information about how they will reduce the greenhouse gas emissions that are destabilising the climate.
This case is part of a growing body of systemic climate litigation, which targets broad state policies. Much of it involves youth applicants for a number of reasons, including the fact that so many children and young people are climate-educated and tech-savvy. Unlike other cases, however, this particular application makes the key argument that states are engaging in youth discrimination.
Global climate activism super hero Greta Thunberg has become the face of those working to achieve attention for the climate crisis since August 2018 when she began her school strike outside the Swedish parliament, and subsequently began the global #fridaysforfuture movement.
Books by Aoife Daly
A ‘children’s autonomy principle’ is proposed which aims to tackle the difficult question of how to attribute weight to children’s views. It is argued that children’s wishes should be upheld in best interest proceedings unless significant harm would likely arise from following those wishes. Children should have ‘autonomy support’ to consider options and assist them through proceedings. In particular it is necessary to move away from the poorly understood question over how ‘competent’ a child might be, to instead accepting that autonomy denial is harmful and therefore asking whether paternalism is truly warranted.
This book comes at a time when questions are being asked as to how to learn from, build on and move forward from the basic CRC framework. It is a significant contribution to that debate. It will be of interest to children’s rights scholars and advocates, judges, social workers, lawyers, policy makers and legislators.
Children, Capacity and Rights by Aoife Daly
Children and the Courts by Aoife Daly
In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. The UK and Ireland will form the focus of this chapter primarily but many of our points are relevant globally. The CRC has been very influential in terms of bringing a focus to children in such cases. Following an exploration of this instrument and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3 CRC) and principle of respect for the views of the child (Art. 12 CRC). The chapter then examines how an enhanced awareness and understanding of child developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.
I have been researching human rights for over 20 years and this is one of the biggest wins for rights on the defining issue of our times – the climate crisis.
This case was the first opportunity for the court to consider the duties of states in the context of climate change, and the first climate change case to be heard by an international human rights court. The decision will have a ripple effect across Europe and beyond, as it sets a binding precedent for how courts should deal with the rising tide of litigation in which it is argued that the climate crisis involves human rights violations.
The court calls itself “the conscience of Europe” and its rulings apply in 46 member states, which includes all the EU, plus the UK and various other non-EU countries. Its ruling opens up all these states to similar cases in their own national courts – cases that these states are likely to lose.
In 2022, Ireland’s climate governance framework, which commits to reducing greenhouse gas emissions by 51% by 2030 relative to 2018 levels (a 44.5% reduction by 2030 relative to 1990 levels), and carbon neutrality by 2050, is patently inadequate to make a fair share contribution to the global temperature goals of limiting global heating to +1.5°C and well below 2°C as an outer limit.
In this hypothetical case we envisage a group of children coming together similar to the children in the Juliana case in the United States , or the Sacchi case before the United Nations Committee on the Rights of the Child (the implementing body of the UN Convention on the Rights of the Child [CRC]). Included in the submissions of these young plaintiffs would be stories similar to those presented in Saachi – stories outlining the difficulties in their everyday lives due to the effects of the climate crisis.
The petition alleged that, by failing to reduce carbon emissions in line with the Paris Agreement, five nations – Argentina, Brazil, France, Germany and Turkey – were violating their rights to life, to health and to culture, as guaranteed by the UN Convention on the Rights of the Child (CRC). Thunberg explained that these countries were named for illustrative purposes: they are the highest emitters to have ratified the complaints mechanism of the CRC.
On November 30, six Portuguese children and young people brought a historic court case to the European Court of Human Rights (ECHR). Dubbed Duarte Agostinho and Others v. Portugal and Others – or the Agostinho case, for short – it argues that those states which fail to solve the climate crisis are breaching human rights.
In an exciting development last December, the ECHR agreed to fast track the case. The 33 European states - including the UK (which, post-Brexit, remains part of the ECHR system), France and Germany - now have to respond with information about how they will reduce the greenhouse gas emissions that are destabilising the climate.
This case is part of a growing body of systemic climate litigation, which targets broad state policies. Much of it involves youth applicants for a number of reasons, including the fact that so many children and young people are climate-educated and tech-savvy. Unlike other cases, however, this particular application makes the key argument that states are engaging in youth discrimination.
Global climate activism super hero Greta Thunberg has become the face of those working to achieve attention for the climate crisis since August 2018 when she began her school strike outside the Swedish parliament, and subsequently began the global #fridaysforfuture movement.
A ‘children’s autonomy principle’ is proposed which aims to tackle the difficult question of how to attribute weight to children’s views. It is argued that children’s wishes should be upheld in best interest proceedings unless significant harm would likely arise from following those wishes. Children should have ‘autonomy support’ to consider options and assist them through proceedings. In particular it is necessary to move away from the poorly understood question over how ‘competent’ a child might be, to instead accepting that autonomy denial is harmful and therefore asking whether paternalism is truly warranted.
This book comes at a time when questions are being asked as to how to learn from, build on and move forward from the basic CRC framework. It is a significant contribution to that debate. It will be of interest to children’s rights scholars and advocates, judges, social workers, lawyers, policy makers and legislators.
In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. The UK and Ireland will form the focus of this chapter primarily but many of our points are relevant globally. The CRC has been very influential in terms of bringing a focus to children in such cases. Following an exploration of this instrument and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3 CRC) and principle of respect for the views of the child (Art. 12 CRC). The chapter then examines how an enhanced awareness and understanding of child developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.
In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. The UK and Ireland will form the focus of this chapter primarily but many of our points are relevant globally. The CRC has been very influential in terms of bringing a focus to children in such cases. Following an exploration of this instrument and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3 CRC) and principle of respect for the views of the child (Art. 12 CRC). The chapter then examines how an enhanced awareness and understanding of child developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.
• Kinship families take on the care of the child of a family member or a friend. They often face difficulties accessing financial, legal and other support.
• A human rights-based approach is important for many reasons. One reason is that it is based on a notion of basic entitlements rather than charity.
• In this project, law and human rights were used in discussions with local authorities, kinship care organisations and others; in information briefings; and in work with lawyers who may provide legal advice and representation to kinship families.
• This encouraged advocates for kin families, local authorities and others involved in the Kinship Counts! Programme to use the human rights framework when working with and for kinship families, one which is based on:
1. international human rights law standards
2. a notion of basic entitlements rather than charity, and
3. kin families, local authorities and others working together to solve problems; agreeing on actions and changes to improve outcomes and the wellbeing of families.
• This briefing highlights the background, process and initial outcomes in this project from the perspective of the human rights-based approach involved.
• In outlining this it is hoped that other groups, local authorities and central government will find it useful to adopt the human rights-based approach to kinship care and other issues.
This desktop study aims to establish the most important rights issues for children in Europe based on available research. In this way, it is intended that children’s views on their rights, and their recommendations for improving their enjoyment of those rights, can feed into the Council of Europe’s next Strategy for the Rights of the Child, 2016-2019. A broad range of research on children’s views from across Europe is reviewed in order to highlight the themes which children identify as most important to them. The methodology for identifying the most important information includes consideration of factors such as geography, disadvantaged groups, and principles of the UNCRC. The points outlined here are those made by children. Within this framework, the themes identified as most important to children are:
Violence: Children report experiencing high levels of violence in the home and elsewhere. They wish to be believed and supported where they report it. They give recommendations on how to tackle it, such as ending physical punishment, services better suited to children’s needs, and greater control over action taken to deal with the problems they report.
Child-Friendly Justice: Children wish to receive more information on their rights in the justice system, and authorities must seek ways to help children to trust those working in the system. Children should not be in custody: Alternatives such as community service should be used instead. Children in custody have numerous recommendations for improving living conditions, which are often dire in less industrialised countries. Children of prisoners require explicit acknowledgement and assistance.
Child Participation: Although children strongly believe that they should have a say in the key decisions that affect their lives, they face a range of obstacles in this regard, such as over-complex procedures and adult indifference. A wide range of mechanisms should be developed to facilitate participation across different groups and contexts, and children should always get feedback on how and whether their views have had an impact.
Children in Care: Being heard is of huge importance to children in care, but many feel that they are not listened to. Children think that better supports and interventions are necessary to avoid children being taken into care and to ensure the best care experience possible. Children in care place great emphasis on the quality of their placement, and on retaining links with birth families.
Discrimination: Children suffer discrimination on various bases, and can therefore suffer ‘double discrimination’ – i.e. on the basis of childhood and their other status. Discrimination against children on the basis of age is little understood or acknowledged and it should be tackled through awareness-raising and legislation. Children from disadvantaged groups such as cultural and racial minorities and children with disabilities wish for greater understanding of their experiences and cultures.
Education: Children want more opportunities to participate at school and on decisions concerning their education. Children from disadvantaged groups are especially concerned about education and require special measures to facilitate their participation. Bullying at school is an issue of huge concern to many children. It could be tackled better through more opportunities to discuss it and better responses from teachers.
Child Poverty and Austerity: Children are concerned about the current economic climate and the impact it may have on their own financial situation and that of their families. Their recommendations in the area include: Better work-based training and employment opportunities for young people; welfare systems which ensure adequate incomes and security for those out of work; and free services such as youth and leisure centres. Children want to be included in decision-making about government expenditure.
There are universal themes which emerge from the variety of views and experiences included here. First, children in Europe overwhelmingly wish to be heard and to have some influence on matters regarding their rights. Although there are some very good initiatives which seek to involve children, many are tokenistic and children quickly become disillusioned. Secondly, children enormously value their families and friends, and this has consequences for the enjoyment of their rights: Service providers should think about how to better involve family where children require information about legal proceedings, for example. Thirdly, children recognise that adequate protection of rights requires sufficient allocation of public resources, particularly targeting more marginalised groups. They are concerned about the current economic climate and cuts in expenditure. Resources are highly relevant to children’s recommendations on improving rights provision, as they wish to see education and training of professionals and others to ensure that they facilitate and understand children’s rights across many areas.