A/HRC/37/58
issues concerning future generations. While the former is concerned with the long-term as
well as short-term consequences of present decisions, the latter is based primarily on the
rights of individual human beings. It is difficult, if not impossible, to define the rights of
individuals who are not yet alive.
68.
Nevertheless, the division between present and future generations is less sharp than
it sometimes appears to be. Concerns about future generations and sustainable development
often focus on the state of the environment in particular years in the future, such as the year
2030 or 2100. Many people that will be living in 2100 are not yet born, and in that sense
truly belong to future generations. But many people who will be living then are already
alive today. To take a personal example, the Special Rapporteur has twin nieces who were
born in 2016. The next century will begin before they celebrate their eighty-fourth birthday.
Moreover, the line between future generations and today’s children shifts every time
another baby arrives and inherits their full entitlement of human rights. It is critical,
therefore, that discussions of future generations take into account the rights of the children
who are constantly arriving, or have already arrived, on this planet. We do not need to look
far to see the people whose future lives will be affected by our actions today. They are
already here.
VI. Conclusions and recommendations
69.
No group is more vulnerable to environmental harm than children. Air
pollution, water pollution and exposure to toxic substances, together with other types
of environmental harm, cause 1.5 million deaths of children under the age of 5 every
year, and contribute to disease, disability and early mortality throughout their life. In
addition, climate change and the loss of biodiversity threaten to cause long-term
effects that will blight children’s lives for years to come. Making matters worse,
children are often not able to exercise their rights, including their rights to
information, participation and access to effective remedies.
70.
States must do more to respect, protect and fulfil the rights of children in
relation to environmental harm. To that end, the present report includes a number of
specific recommendations, which build on the work of other special rapporteurs, the
Committee on the Rights of the Child, OHCHR, UNICEF, WHO and the many others
who submitted oral and written communications during the preparation of the report.
71.
With respect to children’s educational and procedural rights, States should,
among other things:
(a)
Ensure that educational programmes increase children’s understanding
of environmental issues and strengthen their capacity to respond to environmental
challenges;
(b)
Ensure that the effects of proposed measures on children’s rights are
assessed before the measures are taken or approved;
(c)
Collect information about sources of environmental harm to children
and make the information publicly available and accessible;
(d)
Facilitate the participation of children in environmental decision-making
processes, and protect them from reprisals for their participation or otherwise
expressing their views on environmental matters;
(e)
Remove barriers that children face to access to justice for environmental
harm to the full enjoyment of their human rights.
72.
States also have heightened obligations to take effective substantive measures to
protect children from environmental harm, including by ensuring that their best
interests are a primary consideration with respect to all decision-making that may
cause them environmental harm. In particular, States should adopt and implement
environmental standards that are consistent with the best available science and
relevant international health and safety standards, never take retrogressive measures,
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