Youth Climate Courts

This book focuses on Youth Climate Courts, a bold new tool that young people in their teens and twenties can use to compel their local city or county government to live up to its human rights obligations, formally acknowledge the climate crisis, and take major steps to address it. Tom Kerns shows how youth climate leaders can form their own local Youth Climate Court, with youth judges, youth prosecuting attorneys, and youth jury members, and put their local city or county government on trial for not meeting its human rights obligations. Kerns describes how a Youth Climate Court works, how to start one, what human rights are, what they require of local governments, and what governmental changes a Youth Climate Court can realistically hope to accomplish. The book offers young activists a brand new, user-friendly, cost-free, barrier-free, powerful tool for forcing local governments to come to terms with their obligation to protect the rights of their citizens with respect to the climate crisis. This book offers a unique new tool to young climate activists hungry for genuinely effective ways to directly move governments to aggressively address the climate crisis.

Fracking, the practice of shattering underground rock to release oil and natural gas, is a major driver of climate change. The 300,000 fracking facilities in the US also directly harm the health and livelihoods of people in front-line communities, who are disproportionately poor and people of color. Impacted citizens have for years protested that their rights have been ignored. On May 14, 2018, a respected international human-rights court, the Rome-based Permanent Peoples' Tribunal, began a week-long hearing on the impacts of fracking and climate change on human and Earth rights. In its advisory opinion, the Tribunal ruled that fracking systematically violates substantive and procedural human rights; that governments are complicit in the rights violations; and that to protect human rights and the climate, the practice of fracking should be banned. The case makes history. It revokes the social license of extreme-extraction industries by connecting environmental destruction to human-rights violations. It affirms that climate change, and the extraction techniques that fuel it, directly violate deeply and broadly accepted moral norms encoded in the Universal Declaration of Human Rights. Bearing Witness maps a promising new direction in the ongoing struggle to protect the planet from climate chaos. It tells the story of this landmark case through carefully curated court materials, including searing eye-witness testimony, groundbreaking legal testimony, and the Tribunal's advisory opinion. Essays by leading climate writers such as Winona LaDuke, Robin Wall Kimmerer, and Sandra Steingraber and legal experts such as John Knox, Mary Wood, and Anna Grear give context to the controversy. Framing essays by the editors, experts on climate ethics and human rights, demonstrate that a human-rights focus is a powerful, transformative new tool to address the climate crisis.

The Youth Court Guide is the definitive legal handbook for practitioners involved in the youth court. It provides an in-depth knowledge of the youth court system, as well as the fundamental principles and day-to-day practice that pertain to it, with direction on every stage of youth justice. This new edition brings the work fully up to date ensuring it remains a first port of call text providing guidance on practice and procedure with ease and clarity. It takes account of developments that have impacted on practice and procedure since the fifth edition and revisions include updates to sections covering: Cautions, restorative justice; Separation from adult courts; Youth gang injunctions; Youth behaviour order changes; DVPOs (domestic violence protection notices); Criminal procedure rule changes and development of case management practice - new form, disclosure review, special measures, ground rules; Remands; Sentencing council allocation guidelines where youth charged with adult; Breach of YROs (youth rehabilitation orders); Fines, victim surcharge criminal courts charge; Committal for sentence; Referral orders; More in depth guidance on sex notification requirements (sex assault on other youth); Re organisation of youth offending services also mental health services; Case update including sentencing cases. Chapters follow the sequence of criminal proceedings from the use of diversions, cautions and arrests through to trial, sentences and appeals. Personal insight is provided through explanations from the 'hands on' experience of both authors. The work contains central sections on venue, remand and sentencing for daily reference and focuses on practical solutions rather than academic debate. It also includes a separate chapter looking at difficult areas and legal issues and contains simple flow diagrams to help understand and follow remand powers and venue provisions. A quick guide to sentencing orders is also included.

A devastating, play-by-play account of the federal government's leading role in bringing about today's climate crisis. In 2015, a group of twenty-one young people sued the federal government for violating their constitutional rights by promoting the climate catastrophe, depriving them of life, liberty, and property without due process of law. They Knew offers evidence for their claims, presenting a devastating, play-by-play account of the federal government's role in bringing about today's climate crisis. James Speth, tapped by the plaintiffs as an expert on climate, documents how administrations from Carter to Trump--despite having information about climate change and the connection to fossil fuels--continued aggressive support of a fossil fuel based energy system. What did the federal government know and when did it know it? Speth asks, echoing another famous cover up. What did the federal government do and what did it not do? They Knew (an updated version of the Expert Report Speth prepared for the lawsuit) presents the most compelling indictment yet of the government's role in the climate crisis, showing a forty-year failure to take action. Since Juliana v. United States was filed, the federal government has repeatedly delayed the case. Yet even in legal limbo, it has helped inspire a generation of youthful climate activists. An Our Children’s Trust Book

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

"As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"--