A/HRC/33/41 48. States have an obligation under international law to enact and enforce laws to prevent childhood exposure to hazardous substances. 72 The failure to do so constitutes a violation of the right to health.73 G. Right to a healthy environment 49. As noted above, the quality of the environment is a determinant of human health. Toxics released into air, wind and water can directly or indirectly lead to childhood exposure, impacting on the child’s right to health. In 2010, over 70 per cent of the world’s national constitutions included explicit references to environmental rights and/or responsibilities.74 As regards laws, court decisions and international treaties or declarations, the figure rises to more than 90 per cent.75 The realization of a healthy environment requires that States take effective measures to prevent childhood exposure to toxics. H. Right to an adequate standard of living, including food, water and adequate housing 50. Children have a right to an adequate standard of living, including the rights to safe food, clean and safe water, and adequate housing.76 The rights to food, water and adequate housing are necessary to ensure that children enjoy a standard of living adequate for their health and well-being. The realization of the child’s right to an adequate standard of living requires States to prevent exposure to hazardous substances. States are required to ensure that food, water and housing are free from hazardous substances and do not interfere with the enjoyment of health and other human rights.77 I. Right to non-discrimination 51. Every child has the right to enjoy human rights and fundamental freedoms. States must respect, protect and fulfil rights for each child in their jurisdiction without discrimination of any kind. 52. States must ensure that all legislation and all policies and programmes are not intentionally or unintentionally discriminatory towards children in their content or implementation.78 States are required to protect children from discriminatory practices by businesses.79 States must be accountable for how laws, policies and programmes regarding toxics and pollution, including those on the provision of safe and clean water, food and housing, are non-discriminatory to children, of both the present and future generations. 72 73 74 75 76 77 78 79 12 Convention on the Rights of the Child, art. 4. See also Committee on Economic, Social and Cultural Rights, general comment No. 14, paras. 15 and 51; and Committee on the Rights of the Child, general comment No. 15, para. 49. Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 15. See A/HRC/19/34, para. 30. David Boyd, The Right to a Healthy Environment (2012). Convention on the Rights of the Child, art. 27; and International Covenant on Economic, Social and Cultural Rights, art. 11. Committee on Economic, Social and Cultural Rights, general comments No. 4 (1991) on the right to adequate housing, paras. 8 (d) and (f); No. 12 (1999) on the right to adequate food; and No. 14, para. 12; and Committee on the Rights of the Child, general comment No. 15, paras. 48 and 49. Committee on the Rights of the Child, general comment No. 16, para. 13. Ibid., para.14.