Professor Aoife Nolan Impact Work
The last three decades have seen a huge increase in child rights strategic litigation (CRSL) globally at the national, regional and international levels in a wide range of thematic areas. Such litigation seeks to bring about positive legal and social change in terms of children’s enjoyment of their rights.
With colleagues, under the auspices of a three year research project on Advancing Child Rights Strategic Litigation Aoife Nolan has carried out doctrinal and empirical research to make the case for the use of children’s rights by litigators not merely as standards to be deployed against the duty-bearers that are the targets of CRSL but also as a framework to inform, analyse and critique their own practice.
A key element of this work has been to develop a model/framework for child rights-consistent CRSL, drawing on standards set out in the UN Convention on the Rights of the Child and based on extensive interviews with litigators and adults with lived experience of CRSL as children. The research answers the question of: how can strategic litigation be rendered child-rights consistent?
Drawing on extensive published research (eg Nolan and Skelton 2022, Nolan et al 2022), the project produced guidance for lawyers and others interested in CRSL about how to integrate children’s rights into their efforts. It also developed a series of toolkits and video explainers for children and those collaborating with them on CRSL.
Reflecting the very significant amount of CRSL currently being brought in relation to environmental protection, ACRiSL has also developed specific guidance on how child rights are being, and can be, integrated into climate justice strategic litigation practice. It has also established a network of academics, legal professionals, NGOs, IGOs, NHRIs and others interested in CRSL from a wide range of perspectives, and organised a large number of events focused on different aspects of litigation practice.
Reflecting growing interest in strategic litigation on the part of national human rights institutions (particularly among children’s commissioners/ombudspersons), Nolan led the project collaboration with the Children and Young People’s Commissioner Scotland to produce a Children’s Rights Strategic Litigation Toolkit to ensure that the CYPCS’ work is consistent with the Commissioner’s role to promote and safeguard children’s rights, and is in compliance with the UNCRC. A Jersey-specific version is currently being developed with the Office of the Children and Young People’s Commissioner Jersey.