A/HRC/43/30
international health and safety standards, which are not retrogressive,77 ensuring that such
standards are effectively implemented and enforced.78
54.
Every child has the inherent right to life79 and States must ensure the survival and
development of the child. 80 Children’s right to bodily integrity is enshrined in the
Convention on the Rights of the Child and other provisions of international human rights
law.81 Children’s exposure to toxic substances violates their bodily integrity, as it occurs
without the child’s or the parents’ free, prior and informed consent.82
55.
Every child has the right to enjoy human rights and fundamental freedoms on an
equal basis, without discrimination, and States must ensure that children disproportionately
affected by environmental harm and harmful substances can do so, including by removing
indirect and indirect forms of discrimination.83
Health and adequate standard of living
56.
The Convention on the Rights of the Child explicitly calls upon States to take
measures to protect children’s health from environmental pollution and to ensure
environmental sanitation. Every child is entitled to the highest attainable standard of health,
including measures to prevent disease and other health impacts and to ensure access to
health care.84 The right to health includes socioeconomic factors and determinants such as
food, nutrition, housing, access to safe and potable water, adequate sanitation, safe and
healthy working conditions, and a healthy environment. 85 States must realize children’s
right to health, including the healthy development of the child and the improvement of all
aspects of environmental and industrial hygiene.86 This includes preventing and reducing
exposure to harmful substances or environmental conditions that directly or indirectly affect
health.87
57.
All children have the right to a standard of living adequate for their health and wellbeing, including food, clothing, housing, clean and safe water, and sanitation.88 States must
ensure that environmental determinants affecting food, water and housing are free from
toxic substances and do not interfere with health or with other rights.89
77
78
79
80
81
82
83
84
85
86
87
88
89
Committee on the Rights of the Child, general comment No. 15, para. 7; A/HRC/37/58.
Committee on the Rights of the Child, general comment No. 16, para. 61; A/HRC/37/58.
Convention on the Rights of the Child, art. 6; International Covenant on Civil and Political Rights,
art. 6.
Convention on the Rights of the Child, art. 6.
Ibid., art. 19; Committee on the Rights of the Child, general comment No. 4 (2003) on adolescent
health and development in the context of the Convention, para. 8; International Covenant on Civil and
Political Rights; International Covenant on Economic, Social and Cultural Rights.
A/HRC/33/41; A/74/480.
Committee on the Rights of the Child, general comments No. 12 (2009) on the right of the child to be
heard, paras. 77–78, No. 9 (2006) on the rights of children with disabilities, para. 32, No. 11 (2009)
on indigenous children and their rights under the Convention, paras. 35, 39 and 53, and No. 17 (2013)
on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, para. 50.
See also the Convention on the Rights of Persons with Disabilities, art. 30; Committee on Economic,
Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic,
social and cultural rights, para. 7.
Convention on the Rights of the Child, art. 24; International Covenant on Economic, Social and
Cultural Rights, art. 12.
Committee on Economic, Social and Cultural Rights, general comment No. 14, paras. 4 and 11;
Committee on the Rights of the Child, general comments No. 7, para. 10, and No. 15, para. 2.
International Covenant on Economic, Social and Cultural Rights, art. 12.
Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 15.
International Covenant on Economic, Social and Cultural Rights, art. 11; Committee on Economic,
Social and Cultural Rights, general comment No. 15 (2002) on the right to water, para. 3.
Committee on Economic, Social and Cultural Rights, general comments No. 4 (1991) on the right to
adequate housing, para. 8 (d) and (f), No. 12 and No. 14, para. 12; Committee on the Rights of the
Child, general comment No. 15, paras. 48–49.
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