A/HRC/33/41 23. Every child capable of forming his or her own views has the right to be heard and to influence decision-making processes that may be relevant in his or her life.47 Such views are to be given due weight in accordance with the age and maturity of the child. 24. Critical from a human rights perspective is that children are exposed to harmful substances before they are capable of forming their own opinions, and this is in the period in their lives when they are most at risk from toxic exposures that can lead to the development of associated diseases, disorders and illnesses. 25. When children are capable of forming their views, they are not being heard on important decisions related to toxics and pollution. Article 12 is the key participation right in the Convention on the Rights of the Child, as it recognizes the child as a full human being with the ability to participate in society and in decisions about his or her well-being. 26. While parents and guardians have primary responsibility for the upbringing and development of the child,48 they are, for many reasons, powerless to protect children from exposure to toxics from a myriad of unavoidable sources. States must prevent childhood exposure, in recognition of the right of present and future generations to be heard. C. Right to life, survival and development 27. Every child has the inherent right to life and States are duty-bound to ensure to the maximum extent possible the survival and development of the child. 49 A holistic concept of childhood development should include consideration of factors such as freedom from exposure to toxics and pollution, as such exposure can have an adverse impact on the child’s physical, mental, psychological and social development. 50 The child’s right to life, survival and development is contingent upon the realization of the rights to health, to food, water and adequate housing, and to a healthy environment, as well as to physical integrity and to information. 28. Exposure to toxic chemicals during crucial periods of development can affect the way in which genes are expressed, leading to deadly or adverse developmental outcomes for some children. Often these are not seen at birth, when a seemingly healthy child may in fact have suffered disruptions to his development that may lead to a higher probability of diseases and disabilities later in life, and in many cases premature death. States must prevent childhood exposure to toxics to protect the right of all children to life, survival and development. D. Right to physical and mental integrity 29. The right to physical and mental integrity is well established under international human rights law. 51 This right encapsulates the right of each human being, including children, to autonomy and self-determination over his or her own body. It considers a nonconsensual physical or mental intrusion against the body to be a human rights violation. 47 48 49 50 51 8 Convention on the Rights of the Child, art. 12; see also A/HRC/25/35. Convention on the Rights of the Child, art. 18. Ibid., art. 6. Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of implementation. Committee on the Rights of the Child, general comment No. 13 (2011) on the right of the child to freedom from all forms of violence.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents