A/HRC/37/58
Child does not have an explicit provision on remedies, the requirement of effective
remedies to redress violations is implicit in the Convention. To provide for effective
remedies, States should ensure that individuals have access to judicial and administrative
procedures that meet basic requirements, including that the procedures are impartial,
independent, affordable, transparent and fair (see A/HRC/37/59, annex, framework
principle 10). Decisions should be made public and promptly and effectively enforced.
States should provide guidance about how to seek access to justice, and should help to
overcome obstacles to access such as language, illiteracy, expense and distance.
52.
Because children’s dependent status creates obstacles to their pursuit of remedies,
the Committee on the Rights of the Child has made clear that States need to give particular
attention to ensuring that there are effective, child-sensitive procedures available to children
and their representatives. These should include the provision of child-friendly information,
advice, advocacy, including support for self-advocacy, and access to independent
complaints procedures and to the courts with necessary legal and other assistance. Where
rights are found to have been breached, there should be appropriate reparation, including
compensation, and, where needed, measures to promote physical and psychological
recovery, rehabilitation and reintegration, as required by article 39.69
53.
In the context of environmental harm, children may face additional barriers to access
to justice. For example, they and their representatives may lack information about the
effects of particular harms or the harms may manifest only years after exposure, which may
make it difficult or impossible for those affected to have standing to bring a case, meet
applicable limitations periods or carry their burdens of proof and persuasion. 70 States should
take steps to overcome these obstacles, including by allowing collective suits (or “class
actions”) on behalf of children. Moreover, when determining the level or form of reparation,
mechanisms should take into account that children can be more vulnerable to the effects of
abuse of their rights than adults and that the effects can be irreversible and result in lifelong
damage. They should also take into account the evolving nature of children’s development
and capacities and reparation should be timely to limit ongoing and future damage to the
child or children affected; for example, if children are identified as victims of
environmental pollution, immediate steps should be taken by all relevant parties to prevent
further damage to the health and development of children and repair any damage done. 71
54.
Because environmental harm can cause irreversible effects, such as early mortality
or lifelong disability, for which no remedies are truly adequate, States must do what they
can to prevent the harm from occurring in the first place. In some cases, that may be
possible through injunctive relief ordered by judicial tribunals or administrative bodies. In
addition, States must adopt and enforce effective regulatory measures, as described in the
following section.
B.
Substantive obligations to protect children from environmental harm
55.
Ideally, States would set substantive environmental standards at levels that would
prevent all harmful environmental interference with the full enjoyment of human rights.
While States have obligations to take deliberate, concrete and targeted measures towards
that goal, they have some discretion in deciding which means are appropriate in light of
available resources. 72 However, this discretion is not unlimited. For example,
environmental standards must comply with obligations of non-discrimination, and they
should take into account relevant international health and safety standards (see
A/HRC/37/59, annex, framework principle 11). Once States have adopted substantive
environmental standards, they should ensure their effective implementation by private as
well as public actors (ibid., framework principle 12).
69
70
71
72
14
See Committee on the Rights of the Child, general comment No. 5, para. 24.
Committee on the Rights of the Child, “Report of the 2016 day of general discussion”, pp. 21–22.
See Committee on the Rights of the Child, general comment No. 16, para. 31.
See, for example, Committee on the Rights of the Child, general comment No. 15, para. 72.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents