A/HRC/33/41 III. State obligation to prevent childhood exposure 17. Four principles guide the interpretation and implementation of the Convention on the Rights of the Child. States must take these into consideration when designing, implementing and enforcing public health, environmental and labour laws to protect children’s rights from toxics and pollution. 18. The Convention on the Rights of the Child makes it clear that States have an obligation to prevent exposure to toxics by children, as well as by women of reproductive age.43 A. Best interests of the child 19. The best interests of the child — including future generations who will inherit the toxic legacy of previous generations — must be a “primary consideration” in the interpretation and implementation of the rights enshrined in the Convention on the Rights of the Child (art. 3, para. 1). States parties must integrate and apply this guiding principle and substantive right “in all actions”, including legislative, administrative and judicial proceedings that relate to toxic substances or pollution, bearing in mind children’s unique vulnerabilities to toxics, pollution, and known and unknown risks factors. States should be in a position to explain and be held accountable for how they respected the right of present and future children to have their best interests considered in decision-making, including how this right has been weighed against other considerations.44 20. States must pursue the “full implementation” of the child’s right to health, and must be guided by the right of the child to have his or her best interests taken into account as a “primary consideration” when considering “the dangers and risks of environmental pollution” to health.45 21. The best interests of the child are best served by preventing exposure to toxic chemicals and pollution, and taking precautionary measures with respect to those substances whose risks are not well understood. Unfortunately, industrial competitiveness, risk management options and cost-benefit considerations are prioritized over the best interests of the child. B. Right to be heard 22. The right to be heard is a guiding principle of the Convention on the Rights of the Child, and is inextricable from public health and environmental threats such as toxics and pollution. 46 The right is closely linked with the question of consent, and with the phenomenon of children being born “pre-polluted”. 43 44 45 46 Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 49. The Special Rapporteur notes increasing evidence of the possibility that exposure by males to toxic chemicals can affect the health of their children. Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration. Convention on the Rights of the Child, art. 24. Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to be heard, para. 87. 7