A/HRC/35/13
businesses.56 States should also ensure children’s access to effective redress mechanisms
for violations of their rights by businesses, including through the exercise of extraterritorial
jurisdiction as appropriate.57
38.
States are obligated to provide effective and timely remedies for climate changerelated harm, including for harm caused by climate mitigation and adaptation projects.
Article 2 (3) of the International Covenant on Civil and Political Rights guarantees all
persons, including children, the right to an effective remedy for violations of human rights.
The Committee on the Rights of the Child stresses that in cases of violations of children’s
rights, there should be appropriate reparation, including compensation, and, where needed,
measures to promote physical and psychological recovery, rehabilitation and
reintegration.58 Article 12 (2) of the Convention on the Rights of the Child establishes that
children are to be provided the opportunity to be heard in any judicial or administrative
proceedings affecting them, either directly, or through a representative or an appropriate
body. Children’s special and dependent status, their frequent absence of legal standing,
power imbalances and lack of knowledge, including with regard to climate change, can
impair their access to remedies. States are obligated to take appropriate steps to empower
children and ensure their access to child-sensitive judicial and administrative processes.
39.
The Convention on the Rights of the Child recognizes children’s rights to seek and
impart information and to have access to an education that fosters respect for the
environment and the development of relevant life skills and knowledge. 59 Under article 6 of
the United Nations Framework Convention on Climate Change, States parties are required
to promote and facilitate public access to information on climate change and its effects. A
child rights-based approach to climate action requires States to provide adequate, childaccessible and timely information about climate impacts, risks and hazards. States should
conduct and disclose environmental and children’s rights impact assessments and ensure an
adequate education related to environmental issues in order to inform children’s
participation in climate decision-making. Education and access to information empower
children and other actors, such as health professionals and policymakers, to advocate for
children’s rights.
40.
All children are entitled to participate, according to their age and maturity, in all
decisions that have a direct and indirect impact upon their well-being. Under article 12 of
the Convention on the Rights of the Child, States are required to create an enabling
environment where children can freely express their views and have them given due
consideration. In the 2030 Agenda for Sustainable Development children, together with
young women and men, are recognized as critical agents of change who can channel their
infinite capacities for activism into the creation of a better world. 60 Under article 6 of the
United Nations Framework Convention on Climate Change, States are directed to promote
and facilitate public participation in addressing climate change and its effects and
developing adequate responses. A child rights-based approach to climate change requires
that children should not be treated as passive victims of events beyond their influence, but
rather as agents of change whose preferences and choices are fairly reflected in policy
design and implementation. Ensuring children’s education and participation as called for in
the 2030 Agenda will be critical to fulfilling this objective.
56
57
58
59
60
General comment No. 16 (2013) on State obligations regarding the impact of the business sector on
children’s rights.
Ibid., para. 44.
Committee on the Rights of the Child, general comment No. 5, para. 24.
See articles 13 and 29 and Committee on the Rights of the Child, general comment No. 1 (2001) on
the aims of education, para. 9.
General Assembly resolution 70/1, para. 51.
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