Child/youth leadership and climate cases: Postpaternalism in the courts?
Loading...
Files
Published Version
Date
2026-07-27
Authors
Daly, Aoife
Walsh, Lucy
Journal Title
Journal ISSN
Volume Title
Publisher
Onati International Institute for the Sociology of Law
Published Version
Abstract
This article examines the phenomenon of child/youth leadership within climatelitigation. We argue that it is a part of postpaternalism, whereby children/youth engagein grassroots action (for the first time, on a global scale), rather than well-meaning adults ‘giving’ them their rights. Analysis is provided of 15 child/youth-involved climate cases.We identified that the leadership of children is inherent in their taking of these cases,and particularly in the way that they assert their constitutional/human rights as legalactors. We found significant reference in applications to children’s leadership in theircommunities and countries. Children are engaging in leadership as they see it on behalfof all children/youth; or on behalf of humanity more broadly. We found some limitedreference to their leadership in the judgments and outcomes of cases. We conclude byarguing that the involvement of children/youth in these cases is crucial for human rightsand for the climate.
Description
Keywords
Children’s rights , Climate crisis , Cases , Climate Change Litigation , [Law]
Citation
Daly, A. and Walsh, L. (2026) 'Child/youth leadership and climate cases: Postpaternalism in the courts?', Oñati Socio-Legal Series, pp. 1-26. https://doi.org/10.35295/osls.iisl.2552