A/HRC/35/13
3.
Guarantee children access to remedies
62.
States and other responsible actors should take measures to ensure that
children have access to effective remedies when they suffer harm from climate action
and inaction. Such measures could include:
(a)
Integrating the right to a healthy environment and the rights of future
generations in national constitutions and legislation in order to promote the
justiciability of those rights and strengthen accountability systems;
(b)
Ratifying the Optional Protocol to the Convention on the Rights of the
Child on a communications procedure, which established a complaints procedure for
violations of children’s rights;
(c)
Employing extraterritorial jurisdiction and taking other measures, as
appropriate, to ensure responsible conduct by businesses not only in emissions
reductions but also in remedying past harm;
(d)
Developing a loss and damage system that ensures effective remedies for
climate-related human rights harm, particularly that experienced by children;
(e)
Ensuring that climate mitigation and adaptation projects provide access
to effective redress mechanisms for human rights harm.
4.
Better understand the impacts of climate change on children
63.
In order to better protect children from the impacts of climate change, all
actors should support improved understanding of the relationship between climate
change and children’s rights. This could be promoted through measures such as:
(a)
Disaggregated data collection;
(b)
Impact assessments with respect to children’s rights and future
generations;
(c)
Enhanced intersectoral cooperation, as called for in the Geneva Pledge
for Human Rights in Climate Action;
(d)
Establishment of standing consultative committees that include
children’s perspectives;
(e)
Improved reporting on children’s rights and climate change to relevant
United Nations Framework Convention on Climate Change and human rights
mechanisms.
64.
In this regard, civil society actors and participants at the 2010 Social Forum
have called for the appointment of a United Nations special rapporteur on human
rights and climate change.82
5.
Mobilize adequate resources for child rights-based climate action
65.
States, keeping in mind their human rights obligations and their common but
differentiated responsibilities and respective capabilities, should take measures to
mobilize adequate resources for effective climate action that does not harm but rather
benefits children. States should ensure transparent, participatory and informed
decision-making in the allocation of resources, including by conducting impact
assessments with respect to children’s rights and future generations. Further,
measures should be taken to improve international cooperation and build capacity for
climate action in developing countries through the transfer of technology and the
sharing of technical expertise. Mitigation must be a top priority, as it is the key to
minimizing the negative impacts of climate change. In these efforts, businesses also
have human rights responsibilities, which must not be neglected.
66.
With regard to climate adaptation, resources should be directed towards efforts
to promote non-discriminatory access to basic necessities and services for children in
82
A/HRC/16/62.
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