A/HRC/43/30
information on environmental issues, informed participation in the process for approving
investment projects and removes obstacles to environmental justice, including by requiring
support for people or groups in vulnerable situations. It is the first treaty with specific
provisions on environmental human rights defenders.
78.
In 2017, the Inter-American Court of Human Rights ruled that the right to a healthy
environment under the Additional Protocol to the American Convention on Human Rights
in the Area of Economic, Social and Cultural Rights protects individuals and collectives,
including future generations, and can be used to hold States responsible for cross-border
violations within their effective control.117
79.
The European Court of Human Rights has established that various types of
environmental degradation can result in human rights violations. 118 Its jurisprudence
requires that States investigate violations and compensate individual victims and that they
fulfil their obligation to prevent such violations from occurring through general and
precautionary measures to address environmental risks in a systemic manner. Doing so
includes carrying out environmental risk assessments and air and water quality controls,
passing environmental regulations and planning for emergencies.119
80.
The European Union has policies ensuring that companies undertake environmental
and human rights due diligence and do not contribute to children’s rights violations. It has
established standards to regulate toxic chemicals and lead, including the Registration,
Evaluation, Authorization and Restriction of Chemicals Regulation. Such standards apply,
among others, to toxicants used in toys, furniture, clothing and cleaning products. Risk
assessments must consider children. 120 Italy and Slovenia report implementing these
regulations.121
National level
81.
Bolivia (Plurinational State of), El Salvador, Mexico and Paraguay have introduced
legislation recognizing children’s right to a healthy, ecological and sustainable
environment.122
82.
In the Philippines, the Children’s Emergency Relief and Protection Act of 2016
provides for specific measures to protect and educate children in the context of
emergencies, ensure their participation in relevant decision-making processes and collect
better data.123
83.
In Viet Nam, a law on environmental protection incorporates the best interests of the
child and gender equality in relation to green growth and climate change. 124
84.
In Canada, the Maternal-Infant Research on Environmental Chemicals research
platform has contributed important data for improved understanding of chemicals’ impact
on children’s health.125
85.
Denmark, Saudi Arabia and Slovenia have adopted measures to protect children’s
health from environmental degradation and chemicals.126
117
118
119
120
121
122
123
124
125
126
Inter-American Court of Human Rights, Advisory Opinion OC-23/17 of 15 November 2017.
https://www.echr.coe.int/Documents/FS_Environment_ENG.pdf.
See, e.g., Tătar v. Romania (application No. 67021/01), judgment of 27 January 2009.
Submission from the European Union.
Submissions from Italy and Slovenia.
A/HRC/37/58, para. 9.
A/HRC/35/13, para. 44.
Ibid.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24678&LangID=E;
www.canada.ca/en/health-canada/services/environmental-workplace-health/environmentalcontaminants/human-biomonitoring-environmental-chemicals/maternal-infant-researchenvironmental-chemicals-mirec-study/research.html.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24678&LangID=E.
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