A/HRC/37/58
imminent threat of environmental harm, either from natural or human causes, States must
ensure that all information that would enable the public to take protective measures is
disseminated immediately.
44.
The 2016 day of general discussion held by the Committee on the Rights of the
Child identified many gaps in information on the effects of environmental harm on children,
including: a lack of robust data on actual exposure of children to various types of
environmental harm in light of their vulnerabilities and real-life conditions; a lack of
longitudinal data on the effects of environmental harm on children’s health and
development at different ages; a lack of disaggregated data on children most at risk; and a
lack of information about the adverse effects of the loss of biodiversity and degradation of
ecosystems. 57 In addition to these general gaps, the Special Rapporteur on hazardous
substances and wastes has pointed out that information about health risks and possible
sources of exposure is neither available nor accessible to parents and guardians for tens of
thousands of substances manufactured and used by industries in food and consumer
products, which often end up contaminating air and water (see A/HRC/33/41, para. 59).
When information about the effects of particular chemicals or other substances is held by
corporations, they often argue that it cannot be made public for reasons of confidentiality.
Finally, when information about environmental effects is public, it is often available only in
technical terms that are difficult or impossible for non-experts to understand.
45.
Much more must be done to collect information about sources of environmental
harm to children and to make it publicly available and accessible. The Committee on the
Rights of the Child has stressed that information relevant to children should be provided in
a manner appropriate to their age and capacities.58 Because children are exposed to many
environmental harms at young ages, or even before birth, information must also be made
available to parents or other caretakers in forms that are easily accessible, understandable
and relevant. For example, information about chemicals and other hazardous substances
should focus not just on those that are the most commonly produced, but also on those that
are most likely to affect children, and should include clear descriptions not only of the
possible effects, but also of how children may be exposed to them.
46.
Obligations concerning environmental information are closely related to the need for
assessment of environmental impacts. To avoid undertaking or authorizing actions with
environmental impacts that interfere with the full enjoyment of human rights, States should
require the prior assessment of the possible environmental impacts of proposed projects and
policies, including their potential effects on the enjoyment of the human rights of children
(see A/HRC/37/59, annex, framework principle 8). While environmental impact assessment
is now practised throughout the world, most assessment procedures do not address the
rights of children, either by taking into account their greater vulnerability to harm or by
providing for their participation. To ensure that the best interests of the child are a primary
consideration in the development and implementation of policies and projects that may
affect children, States should carry out “child-rights impact assessment”, which examines
the impacts on children of proposed measures and makes recommendations for alternatives
and improvements. After implementation, authorities should evaluate the actual impact of
the measure on children.59
3.
Obligations to consider the views of children
47.
The Convention on the Rights of the Child requires States parties to “assure to the
child who is capable of forming his or her own views the right to express those views freely
in all matters affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child” (art. 12). The Committee on the Rights
of the Child has called the right of children to be heard and be taken seriously, one of the
57
58
59
12
Committee on the Rights of the Child, “Report of the 2016 day of general discussion”, p. 16.
See Committee on the Rights of the Child, general comment No. 12, para. 82.
See 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, para. 99; general comment No. 5
(2003) on general measures of implementation of the Convention, para. 45.
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