Courts, historically the last resort in climate matters, are now on the frontlines, responding to the urgent demands of youth plaintiffs seeking justice against governments and corporations. Two roundtables held at King’s College London examined the state of youth-focused climate litigation, with the findings and recommendations summarised in the report 'Accelerating Climate Solutions through Youth-Focused Litigation.' One key focus of the discussions was the evolving role of the courts and the protections they must provide to young people.
Courts as the only actionable forum
Young people encounter profound barriers when attempting to participate in the decision-making processes that shape their future. Excluded from democratic elections, sidelined in policy debates and policy-making bodies, and rarely heard in corporate decision-making spaces, they are systematically denied access to traditional mechanisms of influence. As a result, the courtroom becomes not a choice, but a necessity; an avenue where their voices can be heard and their concerns formally addressed. In court, young people can mandate change and have their rights preserved and enforced.
The landmark case Juliana v. United States illustrates this dynamic with stark clarity. In this case, youth plaintiffs contend that the federal government's policies and practices had significantly contributed to climate change, thereby infringing their constitutional rights to life, liberty, and property. Yet, despite the gravity of their claims, the case has been repeatedly obstructed by procedural challenges, including deferral of the matter to the political process, suggesting that climate-related decisions should be resolved through democratic mechanisms like elections. But this stance exposes a fundamental paradox: young people are directed for recourse toward democratic processes from which they are barred from participating due to their age.
Child-friendly litigation
The shift in the role of the courts from ‘last resort’ to ‘first responders’ is also not without practical challenges, as judicial systems were not designed with young people in mind. Court proceedings are designed with adult participants as the default, raising considerable obstacles for young litigants.
The law is often complex, procedures are rigid, and, even for adults, courtrooms can be intimidating. For young plaintiffs, the formality of the process, coupled with the emotional toll of fighting for their future, is a lot to take on. As the roundtable participants repeatedly highlighted, safeguarding the rights of young people requires more than just access to the courtroom; it requires age-appropriate communication, emotional support, appropriate legal representation, and safeguards to protect minors, in particular, from undue stress and exposure during proceedings. The participation of young people must be meaningful and protective rather than tokenistic and harmful.
Intergenerational equity
As young people seek to have their rights heard, recognised, and implemented, a broader concern, if not acute criticism, arises: the burden of climate action and the future of the planet cannot rest solely on young shoulders. The primary responsibility lies with older generations, who have benefited from past environmental exploitation and now bear responsibility for safeguarding the future. Politicians, corporate leaders, and community members must step up and listen to, engage with, and act alongside youth. Courts may act as first responders in this crisis, but the long-term work of building a sustainable, just future requires an intergenerational coalition, with today’s adults taking the lead.
The growing wave of youth-led climate litigation is undeniably inspiring but it also forces society to confront difficult questions about generational accountability. Climate change is not a youth issue; it is a universal crisis. The responsibility to address it does not rest with the young simply because they will inherit its consequences. Instead, it falls squarely on those with the power, resources, and historical accountability to enact meaningful change today.
Looking forward
The courts have become first responders for climate justice, but securing a liveable future requires the collective will of society, led by those with the power to act today:
- Support youth litigants: Provide legal, emotional, and financial support to young people engaged in climate litigation. Ensure their voices are heard and their well-being is protected throughout the process.
- Educate and empower: Raise awareness about climate litigation, empowering affected communities with the knowledge of legal tools available to combat climate change.
- Foster intergenerational collaboration: Create opportunities for meaningful dialogue and collaboration between youth and older generations to address the climate crisis effectively.