The efforts of children, as recently highlighted in the case of Held v Montana, in addressing the challenges of biodiversity loss, climate change and pollution has prompted a new general comment prepared by the UN Committee on the Rights of the Child. The Committee aims to clarify the obligations relating to the Convention on the Rights of the Child, and to provide guidance on measures to address the environmental crises. As noted by the Committee, children are more likely than adults to suffer the irreversible and lifelong harm arising from environmental degradation, and States are therefore required to take specific steps to ensure the enjoyment of children’s rights in relation to the environment.
Meaningful participation
The Committee recommends that a child rights impact assessment should be used when evaluating the environmental impact of measures such as policies, legislation and administrative decisions that concern children. It also advises that environmental and human rights education should be provided to children, to enable their meaningful participation in environmental decision-making processes that may impact them at the local, regional and international level.
Access to justice
The guidance includes access to justice pathways for children, and recommends the establishment of complaint mechanisms, the removal of barriers that prevent children from initiating proceedings and access to free legal assistance. As highlighted by the UNEP’s Global Climate Litigation Report 2023, as at December 2022 there are approximately 34 cases that have been brought by and on behalf of children relating to climate harm and intergenerational equity. States also have a duty to establish mechanisms that provide access to remedies for the abuse of children’s rights by businesses, which are often difficult for child claimants to pursue. Transnational responsibility and cases brought by child claimants have also been considered in the Global Climate Litigation Report 2023.
The full citation of the guidance document is: General comment No. 26 (2023) on children’s rights and the environment, with a special focus on climate change, and can be accessed here.
Sustainable Capabilities 