A/HRC/33/41
III. State obligation to prevent childhood exposure
17.
Four principles guide the interpretation and implementation of the Convention on
the Rights of the Child. States must take these into consideration when designing,
implementing and enforcing public health, environmental and labour laws to protect
children’s rights from toxics and pollution.
18.
The Convention on the Rights of the Child makes it clear that States have an
obligation to prevent exposure to toxics by children, as well as by women of reproductive
age.43
A.
Best interests of the child
19.
The best interests of the child — including future generations who will inherit the
toxic legacy of previous generations — must be a “primary consideration” in the
interpretation and implementation of the rights enshrined in the Convention on the Rights
of the Child (art. 3, para. 1). States parties must integrate and apply this guiding principle
and substantive right “in all actions”, including legislative, administrative and judicial
proceedings that relate to toxic substances or pollution, bearing in mind children’s unique
vulnerabilities to toxics, pollution, and known and unknown risks factors. States should be
in a position to explain and be held accountable for how they respected the right of present
and future children to have their best interests considered in decision-making, including
how this right has been weighed against other considerations.44
20.
States must pursue the “full implementation” of the child’s right to health, and must
be guided by the right of the child to have his or her best interests taken into account as a
“primary consideration” when considering “the dangers and risks of environmental
pollution” to health.45
21.
The best interests of the child are best served by preventing exposure to toxic
chemicals and pollution, and taking precautionary measures with respect to those
substances whose risks are not well understood. Unfortunately, industrial competitiveness,
risk management options and cost-benefit considerations are prioritized over the best
interests of the child.
B.
Right to be heard
22.
The right to be heard is a guiding principle of the Convention on the Rights of the
Child, and is inextricable from public health and environmental threats such as toxics and
pollution. 46 The right is closely linked with the question of consent, and with the
phenomenon of children being born “pre-polluted”.
43
44
45
46
Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child to the
enjoyment of the highest attainable standard of health, para. 49. The Special Rapporteur notes
increasing evidence of the possibility that exposure by males to toxic chemicals can affect the health
of their children.
Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration.
Convention on the Rights of the Child, art. 24.
Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to be
heard, para. 87.
7
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