A/HRC/33/41
23.
Every child capable of forming his or her own views has the right to be heard and to
influence decision-making processes that may be relevant in his or her life.47 Such views
are to be given due weight in accordance with the age and maturity of the child.
24.
Critical from a human rights perspective is that children are exposed to harmful
substances before they are capable of forming their own opinions, and this is in the period
in their lives when they are most at risk from toxic exposures that can lead to the
development of associated diseases, disorders and illnesses.
25.
When children are capable of forming their views, they are not being heard on
important decisions related to toxics and pollution. Article 12 is the key participation right
in the Convention on the Rights of the Child, as it recognizes the child as a full human
being with the ability to participate in society and in decisions about his or her well-being.
26.
While parents and guardians have primary responsibility for the upbringing and
development of the child,48 they are, for many reasons, powerless to protect children from
exposure to toxics from a myriad of unavoidable sources. States must prevent childhood
exposure, in recognition of the right of present and future generations to be heard.
C.
Right to life, survival and development
27.
Every child has the inherent right to life and States are duty-bound to ensure to the
maximum extent possible the survival and development of the child. 49 A holistic concept of
childhood development should include consideration of factors such as freedom from
exposure to toxics and pollution, as such exposure can have an adverse impact on the
child’s physical, mental, psychological and social development. 50 The child’s right to life,
survival and development is contingent upon the realization of the rights to health, to food,
water and adequate housing, and to a healthy environment, as well as to physical integrity
and to information.
28.
Exposure to toxic chemicals during crucial periods of development can affect the
way in which genes are expressed, leading to deadly or adverse developmental outcomes
for some children. Often these are not seen at birth, when a seemingly healthy child may in
fact have suffered disruptions to his development that may lead to a higher probability of
diseases and disabilities later in life, and in many cases premature death. States must
prevent childhood exposure to toxics to protect the right of all children to life, survival and
development.
D.
Right to physical and mental integrity
29.
The right to physical and mental integrity is well established under international
human rights law. 51 This right encapsulates the right of each human being, including
children, to autonomy and self-determination over his or her own body. It considers a nonconsensual physical or mental intrusion against the body to be a human rights violation.
47
48
49
50
51
8
Convention on the Rights of the Child, art. 12; see also A/HRC/25/35.
Convention on the Rights of the Child, art. 18.
Ibid., art. 6.
Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of
implementation.
Committee on the Rights of the Child, general comment No. 13 (2011) on the right of the child to
freedom from all forms of violence.
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