Cascading impacts of climate change and the rights of children in Africa: A reflection on the principle of intergenerational equity

• Published in: African human rights law journal Vol. 21; no. 1; pp. 29 - 51
• Main Authors: Fambasayi, Rongedzayi, Addaney, Michael
• Format: Journal Article
• Language: English
• Published: Hatfield Pretoria University Law Press (PULP) 01.01.2021; University of Pretoria
• Subjects: Best interests; Change agents; Charters; Childrens rights; Children’s rights; Climate change; Climate justice; Equity; Future generations; Intergenerational equity; Research methodology; Sustainability; Africa
• ISSN: 1609-073X; 1996-2096
• DOI: 10.17159/1996-2096/2021/v21n1a3

Summary This article explores the manner in which climate action at the African regional level protects and promotes children’s rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children’s Charter mentions the concept. However, CRC and the African Children’s Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children’s rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children’s Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts.