A/HRC/37/58
four general principles of the Convention, which should be considered in the interpretation
and implementation of other rights. 60
48.
The Committee’s point that the views of children may add relevant perspectives and
experience is especially relevant with respect to environmental harm. 61 Children are not
experts in air pollution, water management or toxicology, but neither are most adults. Once
children have reached a certain level of maturity, 62 they are capable of forming opinions
and expressing views on proposals for measures that may affect them. Moreover, like
adults, they know better than anyone else the circumstances of their own lives. They can
provide invaluable insights, for example, into their use of water sources outside the home;
the effectiveness of warnings about environmental hazards; and their access to green spaces
and natural ecosystems.63 In particular, the views of children should be taken into account
with respect to long-term environmental challenges, such as climate change and the loss of
biodiversity, that will shape the world in which they will spend their lives.
49.
The Committee has explained how to implement the participatory rights of children,
including through children’s hearings, children’s parliaments, children-led organizations,
children’s unions or other representative bodies, discussions at school, social networking
websites, and so forth.64 It has made clear that all processes in which a child or children are
heard and participate must be, among other things, voluntary, respectful and transparent,
provide children with age-appropriate information, provide appropriate support to children
according to their age and evolving capacities, and encourage the participation of
marginalized children.65
50.
States must protect children from risks of violence or other reprisals for participating
in these processes or otherwise expressing their views on environmental matters. Adults
who speak out on environmental issues are often at risk of harassment, violence and
death.66 Children are not exempt from such dangers. For example, the Special Rapporteur
was concerned to learn that a 15-year-old girl was sued by a mining company for criminal
defamation after she expressed her concerns that mining activities were causing water
contamination that harmed her community. 67 Eventually, the charges against her were
dismissed, but only after months of protests and litigation. The Committee on the Rights of
the Child has urged States to ensure conditions for an active and vigilant civil society,
refrain from interfering with independent organizations and facilitate their involvement. 68
With respect to child activists, in particular, States should make heightened efforts to ensure
that they can express their views freely, without fear of retaliation.
4.
Obligation to provide for effective remedies
51.
The Universal Declaration of Human Rights (art. 8), the International Covenant on
Civil and Political Rights (art. 2 (3)) and many other human rights instruments provide that
States have obligations to provide for effective remedies for violations of human rights.
Children are included in these protections. Although the Convention on the Rights of the
60
61
62
63
64
65
66
67
68
See Committee on the Rights of the Child, general comment No. 12, para. 2. The other three are the
right to non-discrimination, the right to life and development, and the primary consideration of the
best interests of the child.
Ibid., para. 12.
According to the Committee, maturity refers to the ability to understand and assess the implications of
a particular matter, and must therefore be considered when determining the individual capacity of a
child. Maturity is difficult to define; in the context of article 12, it is the capacity of a child to express
her or his views on issues in a reasonable and independent manner. Ibid., para. 30.
See, for example, Committee on the Rights of the Child, general comment No. 17, para. 19, which
underlines the importance of involving children in the development of parks.
See Committee on the Rights of the Child, general comment No. 14, para. 91.
See Committee on the Rights of the Child, general comment No. 12, para. 134.
See the report by the Special Rapporteur entitled “Environmental human rights defenders: a global
crisis”, at www.universal-rights.org. See also the report of the Special Rapporteur on the situation of
human rights defenders, which focuses on environmental defenders (A/71/281).
Prachatai, “Mine operator sues high school student for criminal defamation”, 14 December 2015.
Available at https://prachatai.com/english/node/5693.
See Committee on the Rights of the Child, general comment No. 16, para. 84.
13
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