CRC/C/GC/26
(g)
Closely regulate and eliminate, as appropriate, the production, sale, use and
release of toxic substances that have disproportionate adverse health effects on children, in
particular those substances that are developmental neurotoxins.18
66.
Procedural elements, including access to information, participation in decisionmaking and child-friendly access to justice, with effective remedies, have equal importance
to the empowerment of children, including through education, to become agents of their own
destiny.
67.
States should incorporate children’s right to a clean, healthy and sustainable
environment into their national legislation and take adequate measures to implement it in
order to strengthen accountability. This right should be mainstreamed across all decisions
and measures concerning children, including policies related to education, leisure, play,
access to green spaces, child protection, children’s health and migration, and national
frameworks for the implementation of the Convention.
IV. General measures of implementation (art. 4)
Obligation of States to respect, protect and fulfil children’s rights
A.
68.
States must ensure a clean, healthy and sustainable environment in order to respect,
protect and fulfil children’s rights. The obligation to respect children’s rights requires States
to refrain from violating them by causing environmental harm. They shall protect children
against environmental damage from other sources and third parties, including by regulating
business enterprises. States parties are also under the obligation to prevent and remediate the
impacts of environmental hazards on children’s rights, even where such threats are beyond
human control, for example, by establishing inclusive early warning systems. States must
take urgent steps to fulfil their obligation to facilitate, promote and provide for the enjoyment
by children of their rights, including their right to a clean, healthy and sustainable
environment, such as by transitioning to clean energy and adopting strategies and
programmes to ensure the sustainable use of water resources.
69.
States have a due diligence obligation to take appropriate preventive measures to
protect children against reasonably foreseeable environmental harm and violations of their
rights, paying due regard to the precautionary principle. This includes assessing the
environmental impacts of policies and projects, identifying and preventing foreseeable harm,
mitigating such harm if it is not preventable and providing for timely and effective remedies
to redress both foreseeable and actual harm.
70.
States are also obliged to respect, protect and fulfil children’s rights that are exercised
in relation to the environment. The obligation to respect rights requires that they refrain from
any action that would limit children’s right to express their views on matters relating to the
environment and from impeding access to accurate environmental information, and protect
children from misinformation concerning environmental risks and from the risk of violence
or other reprisals. The obligation to fulfil rights requires that States combat negative societal
attitudes to children’s right to be heard and to facilitate their meaningful participation in
environmental decision-making.
71.
States must take deliberate, specific and targeted steps towards achieving the full and
effective enjoyment of children’s rights related to the environment, including their right to a
healthy environment, including through the development of legislation, policies, strategies or
plans that are science-based and consistent with relevant international guidelines related to
environmental health and safety and by refraining from taking retrogressive measures that
are less protective of children.
72.
States are obliged to devote financial, natural, human, technological, institutional and
informational resources to realize children’s rights in relation to the environment to the
18
12
See A/HRC/49/53.
GE.23-11144