Children at the lekgotla: African child-led litigation for remedies in the climate crisis

Abstract

The article discusses children’s 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’s 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’s complex, multi-generational nature in legal contexts. Engaging with children’s litigation presents an opportunity for courts to evolve legal frameworks, moving towards more inclusive and effective remedies for climate injustice globally.