A/HRC/37/58
56.
The discretion of States with respect to the protection of children’s rights is further
restricted by their obligations under the Convention on the Rights of the Child and other
agreements to adopt and implement special measures of protection, assistance and care for
children, and to ensure that the best interests of children are a primary consideration in all
actions concerning children.73 These obligations require States not just to protect children
from harm, but also to ensure their well-being and development, including by taking into
account the possibility of future risk and harm. 74
57.
The discretion accorded States in deciding appropriate levels of environmental
protection rests on the assumption that societies will make informed decisions as to how to
balance the costs of environmental harm against the benefits of spending resources for other
goals, such as faster short-term economic growth. But the cost-benefit calculus is very
different for children, especially younger children. The consequences of environmental
harm are usually far more severe, and may include death or irreversible, lifelong effects.
The cumulative effects of long-term environmental harm, such as climate change and the
loss of biodiversity, increase over time, so that decisions taken today will affect children
much more than adults. The lack of full information about many types of environmental
harm means that their long-term effects are often poorly understood and underestimated.
And, finally, the voices of children are only rarely heard in environmental decision-making.
58.
Therefore, to satisfy their obligations of special protection and care, and to ensure
that the best interests of the child are taken into account, States have heightened obligations
to take effective measures to protect children from environmental harm. They should make
certain that they are protecting children’s rights before they make decisions that may cause
environmental harm, including by: collecting and disseminating disaggregated information
on the effects of pollution, chemicals and other potentially toxic substances on the health
and well-being of children; ensuring that the views of children are taken into account in
environmental decision-making; and carrying out children’s rights impact assessments.
States should adopt and implement environmental standards that are consistent with the
best available science and relevant international health and safety standards, and they
should never take retrogressive measures. 75 The lack of full scientific certainty should never
be used to justify postponing effective and proportionate measures to prevent
environmental harm to children, especially when there are threats of serious or irreversible
damage. On the contrary, States should take precautionary measures to protect against such
harm.76 Once standards protective of children’s rights are adopted, States must ensure that
they are effectively implemented and enforced. To that end, they must provide regulatory
agencies with sufficient resources to monitor and enforce compliance with domestic laws,
including by investigating complaints and bringing appropriate remedial actions. 77
59.
As part of their obligations to protect children from environmental harm, States must
adequately regulate private actors, including business enterprises. Businesses can cause
environmental harm to children’s rights in many ways, including by producing hazardous
products, polluting the air and water, creating hazardous waste, contributing to climate
change and destroying forests and other natural ecosystems. 78 They can also commit human
rights abuses such as violating child labour protections or colluding with governmental or
private security forces to use violence against peaceful protestors.
60.
As the Committee on the Rights of the Child has stated, States must take all
necessary, appropriate and reasonable measures to prevent business enterprises from
causing or contributing to abuses of children’s rights. 79 This includes ensuring that
businesses comply with all applicable environmental standards. States should require
businesses, including State-owned businesses, to carry out “child-rights due diligence” to
73
74
75
76
77
78
79
See Convention on the Rights of the Child, art. 3; International Covenant on Economic, Social and
Cultural Rights, art. 10 (3).
See Committee on the Rights of the Child, general comment No. 14, paras. 24 and 71.
See Committee on the Rights of the Child, general comment No. 15, para. 72.
See Rio Declaration on Environment and Development, principle 15.
See Committee on the Rights of the Child, general comment No. 16, para. 61.
Ibid., para. 19.
Ibid., para. 28.
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