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Children’s rights and climate justice
Children and young people in Scotland have told us that one of the most important issues to them is climate change and environmental degradation.
Climate justice is about ensuring that children’s rights are upheld while addressing the urgent environmental crises facing this generation and future ones. With the incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into Scots law, these rights now have real legal force. This means that decision-makers in Scotland are legally obligated to consider how their actions on climate and the environment impact children’s rights.
In our work, younger children have expressed their deep connection to nature, sharing their love for “tiny bees, playing outside, being with friends and feeling safe.” They’ve told us how being outdoors makes them feel “amazing, excited, and full of joy when they see rainbows.” Older children, exercising their right to protest, have previously organised demonstrations and school strikes across Scotland, calling for urgent action to protect the environment and demanding stronger legal protections for their planet.
The right to a healthy environment, includes the right to clean air, a safe climate, access to safe water and sanitation, healthy and sustainably produced food, non-toxic environments in which to live, work, study, and play, as well as thriving biodiversity and ecosystems. Importantly, it also involves the right to access environmental information, participate in decision-making, and seek justice when these rights are violated.
The legal recognition of these rights in Scotland marks a critical step forward in ensuring that climate action is rooted in justice and that children’s voices and rights are central to Scotland’s environmental future.
What do the UNCRC and ECHR say?
United Nations Convention on the Rights of the Child
Article 24 of the UNCRC says that children and young people have the right to the best health possible. As part of that, it says that States should think about the dangers and risks of environmental pollution when they take steps to combat disease and malnutrition.
Article 3 of the UNCRC is one of the most important articles in the UNCRC, and many other articles are related to it. It says that the interests of children and young people should be thought about at all levels of society and that their rights should be respected by people in power.
Article 29 of the UNCRC is about the aims of education. It says that one of these is to make sure children and young people develop respect for the natural environment.
ECHR
While the European Convention on Human Rights (ECHR) does not directly provide for the right to a healthy environment, its protection of other fundamental rights, such as: the right to life (Article 2), privacy and family life (Article 8), and property (Article 1 of Protocol No. 1), can be affected by climate change and environmental harm.
In its case-law to date, the European Court of Human Rights has recognised the potential influence of environmental harm and risks on the exercise of Convention rights. This topic is gaining attention, and there are currently three cases awaiting a decision from the Grand Chamber of the Court regarding state responsibility in addressing climate change.
What do the UN say governments must do about climate change?
The 2023 Concluding Observations made recommendations that the UK and Scottish Government should:
- Strengthen national legislation to protect the environment.
- Have national plans and strategies in place to cope with adverse weather impacts.
- Strengthen children’s right to freedom of association and peaceful assembly and ensure that children are not threatened for exercising their right to freedom of association and peaceful assembly, including for their involvement in climate activism.
- Ensure children are educated about their rights, the environment, and environmental harms.
- Incorporate the UNCRC in to domestic law in Scotland
In July 2023 a new General Comment was published on Children’s Rights and the Environment with a Special Focus on Climate Change (General Comment No. 26). This is the official UN guidance on how children’s rights are impacted by the environmental crisis and what governments must do to uphold these rights.
Our recent work
In July 2024, we submitted our response to the Special Rapporteur on Human Rights and Climate Change regarding the issue of “Access to Information on Climate Change and Human Rights.” We highlighted it was crucial that children and young people have access to knowledge and opportunities to engage with nature. Their unique perspectives can inspire innovative ideas and help shape the future.
In April 2024, we responded to the Climate Change Adaptation Plan Consultation. and stressed the importance of effective participation of children and young people in climate policy making and implementation.
From November 2023 to January 2023 we engaged with children and young people across scotland as part of ‘Your Rights, Our plan’. Those we consulted challenged us to continue to keep their concerns about climate change visible in our work.
In August 2023, the UN published General Comment No. 26, explaining how children’s rights are linked to climate change and what governments must do to protect them. Over 16,000 children, including from Scotland, contributed to this effort.
In February 2023, we submitted feedback on the draft of General Comment No. 26, urging States to involve children directly in policymaking, fund youth-led climate initiatives, and ensure children’s voices are central in tackling climate change.
In September 2022, we contributed to the European Network of Ombudspersons for Children’s (ENOC) position on children’s rights and climate justice. We called on governments and European bodies to respect children’s right to a healthy environment and take urgent measures to mitigate the climate crisis.
In December 2021, we submitted a report to the UN Human Rights Office on child rights and the Sustainable Development Goals. Young people emphasised the need for accountability for environmental harm, and we called for a child rights-based approach to climate justice, including data collection, meaningful engagement, and transparency in decision-making.
In November 2021, we hosted an interactive side event to COP-26, addressing children’s human rights and their leadership role in climate justice.
In October 2021, we supported youth participation at COY16, the International Conference of Youth on Climate Change.
In September 2021 we wrote a Letter to Education Directors: Supporting Climate Strikes.
In May 2021, we made a submission to the UN Special Rapporteur, asserting that children who protest for climate justice are human rights defenders and must be protected from reprisals.
In March 2021, we responded to the Scottish Government’s net-zero consultation, stressing that policies must be accessible to children and aligned with their right to environmental education under the UNCRC.
In 2019, we published Promote,https://www.cypcs.org.uk/resources/human-rights-defenders-promote-protect-defend/ Protect, Defend, highlighting children’s role as human rights defenders, including the 15,000 young people who took part in climate strikes across the UK.
In 2016, we supported Scottish children to attend a day of discussion on climate justice and the importance of the right to protest.
News and stories on climate justice
Our Plan 2024-28 is launched today – and it has children and young people at its heart
Today we’re introducing our plan for the next four years and it has been built around children and young people’s views.
Can you help young children tell the UN about their world?
We want to know how Scotland’s youngest children feel and experience the natural environment so that we can share their views with the UN.
Don’t punish children for taking part in climate action, urges Children’s Commissioner
The Children and Young People’s Commissioner Bruce Adamson has written to every Director of Education in Scotland urging them to support children taking part in the global climate strike this Friday (24 September 2021).
‘No Time to Waste’ … to Empower and Protect Children and Young People’s Rights to Climate Justice
Children and young people must be meaningfully engaged in processes concerning them, including COP-26, the UN climate talks taking place in Scotland until November 12th. Their right to peaceful protest must be respected, protected and fulfilled during COP-26.
Statement: Impact of climate change on children’s rights
Commissioner Bruce Adamson on climate justice, young people’s leadership, and the range of children’s rights affected by global warming.
Webinar: Interactive discussion on children’s access to climate justice
CRIN webinar as joint side event to COP-26, 04/11/2021 Alongside the Child Rights International Network and the United Nations Committee on the Rights of the Child , we held an
Speaking out on climate: Do you think your rights are protected?
If you’re under 18, we want to find out if you feel like your human rights are protected when you speak out around climate— and if you feel like these rights would benefit from better protection.
Climate change is a human rights issue: Commissioner supports children on #ClimateStrike
Young human rights defenders across Scotland are preparing to join action on the global climate crisis, and they have the support of Children and Young People’s Commissioner Bruce Adamson.
Young human rights defenders on climate strike
Commissioner Bruce Adamson on the young human rights defenders taking part in today’s climate strike.
Children’s Commissioner urges education leaders to support children taking part in climate strikes
The Children and Young People’s Commissioner, Bruce Adamson has written to Directors of Education of every local authority urging them to support children taking part in the global action against climate change.
Police must allow young people to protest peacefully at COP-26, says Children’s Commissioner
Commissioner says children’s rights must be upheld during UN climate summit protests in Glasgow.
Our publications on climate justice
Our Plan 2024-28
Response to the Climate Change Adaptation Plan Consultation.
Response to Call for inputs by Special Rapporteur on the promotion and protection of human rights in the context of climate change and “Access to information on climate change and human rights”
Our submission to the UN regarding draft General Comment No. 26, Children’s Rights, and the Environment with a Special Focus on Climate Change
Letter to Education Directors: Supporting Climate Strike
Annual Report 2021-22
Submission to United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association on the promotion and protection of human rights in the context of peaceful protests during crisis situations
Submission to United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association
Consultation Response: Net Zero Nation
