UN Publishes General Comment on Children's Rights & the Environment [1]
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On August 22, the UN Committee on the Rights of the Child published General Comment No. 26 on children's right and the environment with a special focus on climate change [3]. According to a summary by the Committee, the "Committee emphasizes the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights, and clarifies the obligations of States to address environmental harm and climate change." Running at 20 pages in length, the Comment includes sections on the evolution of international law on human rights and the environment, intergenerational equity and future generations, and it sets out the three objectives of the comment:
(a) Emphasize the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights;(b) Promote a holistic understanding of children’s rights as they apply to environmental protection;(c) Clarify the obligations of States to the Convention and provide authoritative guidance on legislative, administrative and other appropriate measures to address environmental harm, with a special focus on climate change.
The Comment then goes on in Section II to set out specific rights under the Convention on the Rights of the Child as they relate to environmental rights, such as the right to non-discrimination under Article 2, the best interests of the child under Article 3, and the right to be heard under Article 12. Section III is dedicated to the right to a clean, healthy, and sustainable environment, noting that "the substantive elements of this right are profoundly important for children" and suggesting that "[s]tates should incorporate children's right to a clean, healthy, and sustainable environment into their national legislation." Part IV discusses general measures of implementation, including the creation of child rights impact assessments, appropriate access to justice for children, and the important role of international cooperation. Part V is dedicated to climate change and speaks to the importance of mitigating the effects of climate change as well as the need for "a sharp and urgent increase in the design and implementation of child-sensitive, gender-responsive and disability-inclusive adaptation measures and associated resources."
The Committee tends to publish a child-friendly version on September 18, 2023.