A/HRC/40/55 Committee on Economic, Social and Cultural Rights determined that the right to health extends to the “underlying determinants of health”, including safe drinking water, adequate sanitation, safe food, adequate housing and healthy working and environmental conditions.25 The Committee has also encouraged individual States to increase their efforts to reduce air pollution in order to protect human rights. 26 54. The number of people whose right to health is violated by air pollution is in the billions. Again, 90 per cent of all people live in places where the air quality fails to meet the guidelines established by WHO. C. Rights of the child 55. The Convention on the Rights of the Child, in describing the right to health, explicitly requires that States act in the best interests of the child and consider “the dangers and risks of environmental pollution” (art. 24 (2) (c)). This led WHO to conclude that “children have a basic human right to breathe clean air in their homes, schools, and communities”.27 56. The Committee on the Rights of the Child concluded that “States should take measures to address the dangers and risks that local environmental pollution poses to children’s health in all settings”.28 In several concluding observations, the Committee has urged States to scale up and expedite actions to protect children from polluted air. 29 IV. Human rights obligations relating to clean air 57. As the previous mandate holder made clear, States have obligations to protect the enjoyment of human rights from environmental harm (A/HRC/25/53). The foreseeable adverse effects of poor air quality on the enjoyment of human rights give rise to extensive duties of States to take immediate actions to protect against those effects. In a joint statement issued in 2017, a group of United Nations experts said “a threat like this can no longer be ignored. States have a duty to prevent and control exposure to toxic air pollution and to protect against its adverse effects on human rights.”30 58. The framework principles on human rights and the environment clarify the three categories of State obligations: procedural, substantive, and special obligations towards those in vulnerable situations. Therefore, the framework principles can be operationalized in the context of air pollution in order to respect, protect and fulfil human rights. 59. The procedural obligations of States in relation to the right to breathe clean air include duties related to promoting education and public awareness; providing access to information; ensuring freedom of expression, association and assembly; facilitating public participation in the assessment of proposed projects, policies and environmental decisions; and ensuring affordable, timely access to remedies. 60. With respect to substantive obligations, States must not violate the right to breathe clean air through their own actions; must protect the right from being violated by third parties, especially businesses; and must establish, implement and enforce laws, policies and programmes to fulfil the right. States also must avoid discrimination and retrogressive measures. 25 26 27 28 29 30 10 General comment No. 14. See E/C.12/MNG/CO/4, E/C.12/KWT/CO/2 and E/C.12/KAZ/CO/1. WHO, “Air pollution and children’s health: a global health emergency”, background document prepared for the First WHO Global Conference on Air Pollution and Health, Geneva, 2018. General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 49. See CRC/C/BRA/CO/2-4, CRC/C/PAK/CO/5 and CRC/C/GBR/CO/5. “Toxic air pollution: UN rights experts urge tighter rules to combat ‘invisible threat’”, press release, 24 February 2017.