Tesi etd-10162023-112555
Link copiato negli appunti
Tipo di tesi
Corso Ordinario Secondo Livello
Autore
LONGO, MATTEO
URN
etd-10162023-112555
Titolo
Human rights and climate change: new developments from the Committee on the Rights of the Child?
Struttura
Cl. Sc. Sociali - Scienze Politiche
Corso di studi
SCIENZE POLITICHE - SCIENZE POLITICHE
Commissione
Tutor Prof.ssa ALABRESE, MARIAGRAZIA
Relatore Prof.ssa BAKKER, CHRISTINE
Presidente Prof. STRAZZARI, FRANCESCO
Membro Dott. RAINERI, LUCA
Membro Prof.ssa LORETONI, ANNA
Membro Prof. NATALI, DAVID
Membro Prof. BRESSANELLI, EDOARDO
Membro Prof.ssa CAIANI, MANUELA
Relatore Prof.ssa BAKKER, CHRISTINE
Presidente Prof. STRAZZARI, FRANCESCO
Membro Dott. RAINERI, LUCA
Membro Prof.ssa LORETONI, ANNA
Membro Prof. NATALI, DAVID
Membro Prof. BRESSANELLI, EDOARDO
Membro Prof.ssa CAIANI, MANUELA
Parole chiave
- Children's rights
- climate change
- climate litigation
- General Comment No. 26
Data inizio appello
28/11/2023;
Disponibilità
completa
Riassunto analitico
Published in August 2023, General Comment No. 26 on children’s rights and the environment, with a special focus on climate change of the Committee on the Rights of the Child represents the first General comment by a United Nations treaty body to deal specifically with the issue of climate change. Coming in the wake of the Sacchi decision by the same Committee, General Comment No. 26 provides an analysis of how the enjoyment of individual rights relates to environmental and climate harms and which obligations are incumbent upon States to ensure respect for children’s rights.
This work has focused in particular on understanding how General Comment No. 26 of the Committee on the Rights of the Child complements its decision in Sacchi and to provide inputs for climate litigation based on human rights. To this end, the legal nature of General comments has first been presented, followed by a reconstruction of the debate on human rights and the environment and by an explanation of the genesis of General Comment No. 26. A summary of General Comment No. 26 and the Sacchi ruling(s) has then followed, highlighting the main findings and contentious issues.
A comparative reading of the texts reveals interesting developments. In exercising its function of clarifying and providing guidance as to the interpretation of the Convention on the Rights of the Child, the Committee has truly elaborated an extremely interesting contribution. Six main points of analysis emerge: (a) the relevance of human rights as a particularly interesting and ideal avenue for litigation; (b) the relevance of children and children’s rights in the fight against climate change; (c) practical considerations on the interrelation and interdependence of human rights; (d) the existence of a right to a clean, healthy and sustainable environment; (e) the inadequacy of the current model of jurisdiction for climate-related harms; (f) the proposal of a reversed burden of proof for establishing causation.
While not binding, General Comment No. 26 meaningfully adds on the debate on the human rights-climate change pair and further indicates possible future developments for climate litigation based on human rights.
This work has focused in particular on understanding how General Comment No. 26 of the Committee on the Rights of the Child complements its decision in Sacchi and to provide inputs for climate litigation based on human rights. To this end, the legal nature of General comments has first been presented, followed by a reconstruction of the debate on human rights and the environment and by an explanation of the genesis of General Comment No. 26. A summary of General Comment No. 26 and the Sacchi ruling(s) has then followed, highlighting the main findings and contentious issues.
A comparative reading of the texts reveals interesting developments. In exercising its function of clarifying and providing guidance as to the interpretation of the Convention on the Rights of the Child, the Committee has truly elaborated an extremely interesting contribution. Six main points of analysis emerge: (a) the relevance of human rights as a particularly interesting and ideal avenue for litigation; (b) the relevance of children and children’s rights in the fight against climate change; (c) practical considerations on the interrelation and interdependence of human rights; (d) the existence of a right to a clean, healthy and sustainable environment; (e) the inadequacy of the current model of jurisdiction for climate-related harms; (f) the proposal of a reversed burden of proof for establishing causation.
While not binding, General Comment No. 26 meaningfully adds on the debate on the human rights-climate change pair and further indicates possible future developments for climate litigation based on human rights.
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