Children, future generations and their rights are at the forefront of climate justice discussions. the climate crisis is a child rights crisis – one that is already devastating the rights of children in many parts of the global south. There is  growing understanding and acknowledgement of the effects of climate change on the rights of the unborn future generations.  A 2022 UNICEF report states that one in four children globally are already affected by the climate emergency and by 2050 virtually every child in every region will face more frequent heatwaves. 

However, all this talk of rights has not necessarily resulted in action in terms of rights protection. children are frequently forgotten when developing  laws, policies, and programmes to counteract climate change. While we hear a lot about the disproportionate impact of the climate crisis on future generations, there remains very limited evidence that future generations rights are shaping environment-related law, policy-making and resource allocation either.

Recent years have seen an explosion in efforts to use the courts to advance both born children and future generations’ essential environmental rights. High-profile cases have taken place in Colombia, Germany, Canada, Pakistan, the US, South Korea and the Philippines.

All of these cases involve unrepresented parties who due to their age (or unborn status) do not vote. They are therefore excluded from direct participation in voting in democratic decision-making. They are also generally unable to indirectly influence democratic decision-making, relying on elected representatives, parents and adults generally to vote to advance their environment-related interests.

My research focuses on what the courts should do when faced with these cases. How do – and should courts – take the lack of a political voice for children and future generations into account? How should the courts balance the need for intervention and the requirement to respect for the outputs of democratic decision-making? Ultimately, to what extent should children’s constitutional rights be treated by courts as constraining democratic decision-making about environmental protection? 

Answering these questions enables laws to be consistently understood and applied. I use my knowledge of this area to support high-level decision making, including the Council of Europe's European Committee of Social Rights. My research and expertise therefore ensure that the rights of all generations are more accurately represented in future.