A/HRC/43/30
Participation, freedom of expression and access to information
58.
All children have the right to be heard and to participate in actions and decisionmaking that affect their lives, and their views are to be considered in accordance with their
age and maturity.90
59.
Children’s right to participate in environmental matters is underpinned by their
rights to information, 91 freedom of expression, 92 freedom of association and peaceful
assembly,93 and access to justice.94 These rights are set out in the Convention on Access to
Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters, the Regional Agreement on Access to Information, Public
Participation and Justice in Environmental Matters in Latin America and the Caribbean and
the United Nations Framework Convention on Climate Change.
60.
Children must have access to information in formats appropriate to their age,
educational level and capacities on all issues concerning them, including their environment,
toxic substances and potential or actual health effects.95 An effective education, including
the development of respect for the natural environment (as set out in article 29 of the
Convention on the Rights of the Child) is critical to the effective exercise of children’s
environmental rights.
61.
Children environmental human rights defenders should be protected to act and
participate in matters affecting them, and States must protect them from violence and other
reprisals.96 Moreover, States must provide a safe and empowering context for initiatives
organized by young people and children to defend human rights relating to the
environment.97
Prevention and remedies
62.
Prevention is the only way to fully protect children’s rights from environmental
harms. Under human rights law, States must prevent the initial occurrence of harm,
including through effective regulation and enforcement mechanisms such as injunctive
relief by judicial tribunals or administrative bodies.98 When environmental harms do occur,
States should ensure timely, effective access to remedies, including through penalties,
compensation, judicial action and measures to promote recovery after harm has been caused
or contributed to by third parties.99 Immediate steps must be taken by all to prevent further
damage to children’s health and development and repair any damage.100
63.
An effective remedy includes the remediation of contaminated sites, the cessation of
actions or inactions causing impacts, the provision of health care, regulations to stop the
production and sale of harmful products and the dissemination of information. Remedies
should be timely, in order to limit ongoing and future damage, and adapted to the evolving
nature of children’s development and capacities.101
Freedom from child labour
64.
States must protect children from performing any work likely to be hazardous or
harmful to their health or development, including by taking legislative, enforcement and
90
91
92
93
94
95
96
97
98
99
100
101
12
Convention on the Rights of the Child, art. 12.
Ibid., arts. 13 and 17.
Ibid., art. 13; International Covenant on Civil and Political Rights, art. 19.
Convention on the Rights of the Child, art. 15.
Ibid.; International Covenant on Civil and Political Rights, arts. 21–22.
Committee on the Rights of the Child, general comments No. 12 and No. 15, para. 58.
Committee on the Rights of the Child, general comment No. 20 (2016) on the implementation of the
rights of the child during adolescence, para. 2; A/71/281, para. 7.
Human Rights Council resolution 40/11, para. 14 (e).
A/HRC/33/41, para. 41; A/HRC/37/58, para. 54; A/74/480.
Convention on the Rights of the Child, arts. 32 (2), 19 and 39; General Assembly resolution 60/147;
A/HRC/37/59, annex, framework principle 10.
Committee on the Rights of the Child, general comment No. 16, para. 31.
Ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents