Revisiting Chiara Sacchi & Others v Argentina & Others from the perspective of the African Committee of Experts on the Rights and Welfare of the Child: Would extraterritoriality support the climate change agenda?

Abstract

The challenges of climate change continue to present a growing crisis. The use of supranational bodies such as the Committee on the Rights of the Child and the African Committee of Experts on the Rights and Welfare of the Child may offer an opportunity through the provision of relevant remedies. This article argues that at its core, the challenge arises where accountability has to be found based on extraterritorial jurisdiction. To demonstrate this argument, the article unpacks the concept of extraterritorial jurisdiction following the reasoning of the Committee on the Rights of the Child in Chiara Sacchi & Others v Argentina and Others (Sacchi). It looks at the normative and institutional guidance of the African Charter on the Rights and Welfare of the Child and its African Children’s Committee on extraterritoriality and climate change. It then proposes a way forward for the African Children’s Committee to draw insights from the Sacchi decision.