The Fundamental Right of Children to Participate in Climate Change Decision-Making Processes: A South African Perspective

Abstract

Climate change poses severe threats to the enjoyment of a wide array of human rights, such as the right to health, survival and development including, in extreme cases, the enjoyment of life itself. Due to their specific physiology, children are highly vulnerable to the impacts of climate change; even more so than adults. Though climate change affects children more than adults, their inclusion in climate action policy and decision-making at local, national and international levels has been limited. Notwithstanding, children have a right to be heard on actions that affect them. States are the primary duty bearers of children's rights and are obliged not only to protect children from current and foreseeable adverse effects due to climate change, but also to ensure that children can exercise their participatory rights meaningfully. Considering this important duty and the global trend by children, including South African children, towards claiming their environmental participation rights, this contribution sets out to explore whether the South African legislative framework provides for children to participate meaningfully and effectively in climate change action. The South African legislative framework is assessed against the backdrop of international documents affording children participatory rights to determine South Africa's compliance with international and regional standards.

Keywords

• Climate change
• environmental impact on children
• children's right to be heard
• Article 12 of the Convention on the Right of the Child
• Article 4.2 of the African Charter on the Rights and the Welfare of the Child
• Sacchi v Argentina