Beyond borders and time: The adequacy of international human rights law in establishing legal responsibility for harm caused by the climate crisis on African children

Abstract

Climate change is one of the most pressing global challenges with deeply unequal impacts. African children, despite their continent contributing negligibly to global emissions, are disproportionately affected by its impacts. This article interrogates the adequacy of international human rights law, particularly the children’s rights framework, in establishing legal responsibility for climate change-related harms affecting African children. It analyses the key legal challenges posed by the transboundary, cumulative and intergenerational nature of climate harm, including issues of causality, extraterritoriality and temporality. The article argues that while the current framework presents significant normative and jurisdictional gaps, the principles enshrined in children’s rights norms, including the best interests of the child and the right to an effective remedy, offer opportunities for reinterpreting obligations in a manner that is responsive to the climate crisis. It further draws on evolving international jurisprudence on causation, extraterritoriality and climate attribution science to illustrate the potential for international legal responsibility.