YCJ Publications
Children at the lekgotla: African child-led litigation for remedies in the climate crisis
The article discusses children鈥檚 climate litigation as a critical avenue to seek remedies for the climate crisis, which disproportionately affects children and violates their fundamental rights. It highlights the challenges children face in accessing justice through courts, particularly due to stringent preliminary procedural hurdles such as demonstrating individual harm, proving direct causation, and issues related to redressability and separation of powers. The article argues for adopting a child rights-based approach and integrating non-Western philosophies such as South Africa鈥檚 ubuntu to overcome these barriers. The article proposes that the emphasis of ubuntu on interconnectedness and collective well-being offers a more suitable framework for addressing climate change鈥檚 complex, multi-generational nature in legal contexts. Engaging with children鈥檚 litigation presents an opportunity for courts to evolve legal frameworks, moving towards more inclusive and effective remedies for climate injustice globally.
- Authors
Liesl Muller
- Year
- 2025
- Journal Name
- African Journal of Climate Law and Justice (AJCLJ )
- Category
- Journal Article
- Keywords
- Access to justice; children鈥檚 rights; climate litigation; effective remedies; philosophical approaches.
- Full Citation
LH Muller ‘Children at the lekgotla: African child-led litigation for remedies in the climate crisis’ (2025) 1 African Journal of Climate Law and Justice 59-92
.- Link to Publication