A/HRC/35/13
as the International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights. All States are obligated to respect,
promote, protect and fulfil a set of interrelated and indivisible civil, political, economic,
social and cultural rights for all children without discrimination.
29.
The impacts of climate change outlined in the preceding section clearly undermine
the effective enjoyment of the rights enshrined in the Convention on the Rights of the
Child, including the rights to life, survival and development (art. 6), family relations and
not to be separated from one’s parents against one’s will (arts. 9-10), the highest attainable
standard of health (art. 24), adequate standard of living (art. 27), education (art. 28),
freedom from any form of violence or exploitation (arts. 19, 32 and 34-36), recreation and
play (art. 31) and the enjoyment of one’s culture (art. 30).48 The Committee on the Rights of
the Child has identified climate change as one of the biggest threats to children’s health and
has urged States parties to put children’s health concerns at the centre of their climate
change adaptation and mitigation strategies. 49 It has emphasized that States have a
responsibility to protect children from environmental harms.
30.
The negative impacts of climate change on children trigger obligations among all
duty bearers to take action to protect all children from its actual and foreseeable adverse
effects.50 The importance of children’s rights in the context of climate change is explicitly
recognized in the Paris Agreement under the United Nations Framework Convention on
Climate Change, in which States are called on to respect, promote and consider their
respective obligations on, among other things, the rights of the child and intergenerational
equity when taking action to address climate change.
31.
The core human rights obligations of States and other duty bearers in the context of
climate change are outlined in the key messages on human rights and climate change of
OHCHR. 51 These obligations require States to take a human rights-based approach to
protect those most vulnerable to climate change from its worst impacts. The 2030 Agenda
for Sustainable Development, the Paris Agreement, the Sendai Framework for Disaster
Risk Reduction 2015-2030 and the Addis Ababa Action Agenda of the Third International
Conference on Financing for Development all reaffirm State commitments to a human
rights-based approach to development and climate action. A human rights-based approach
analyses obligations, inequalities and vulnerabilities and seeks to redress discriminatory
practices and unjust distributions of power. 52 A child rights-based approach to climate
change mitigation and adaptation builds upon the essential attributes of human rights-based
approaches while incorporating the specificities of children’s rights, needs and capacities.
32.
The Committee on the Rights of the Child has identified four general principles of a
child rights-based approach: non-discrimination, the best interests of the child, the child’s
right to life, survival and development and the child’s right to express his or her views. 53 A
child rights-based approach to climate change should take into account the following:
(a)
As climate policies and programmes are formulated, the main objective
should be to fulfil human rights, taking into account the specific risks faced by children,
their unique developmental needs, identification of their best interests and incorporation of
their views, in accordance with their evolving capacities;
(b)
Children’s participation in relevant decision-making processes, including
those related to climate adaptation and mitigation policies, must be ensured;
48
49
50
51
52
53
See CRC/C/JAM/CO/3-4, para. 50, CRC/C/LCA/CO/2-4, para. 52, CRC/C/TUV/CO/1, paras. 7 and
55.
General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable
standard of health, para. 50.
See, for example, A/HRC/32/23 and A/HRC/31/52.
See A/HRC/33/31, annex II.
See http://hrbaportal.org/the-human-rights-based-approach-to-development-cooperation-towards-acommon-understanding-among-un-agencies.
See general comment No. 5 (2003) on general measures of implementation of the Convention, para.
12.
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