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.

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