CRC/C/GC/26
from intended programmes, such as those for education and health care, towards addressing
environmental crises.
106. In this respect, it is critical to acknowledge loss and damage as a third pillar of climate
action, along with mitigation and adaptation. States are encouraged to take note that, from a
human rights perspective, loss and damage are closely related to the right to remedy and the
principle of reparations, including restitution, compensation and rehabilitation. 36 States
should undertake measures, including through international cooperation, to provide financial
and technical assistance for addressing loss and damage that have an impact on the enjoyment
of the rights under the Convention.
D.
Business and climate change
107. States must take all necessary, appropriate and reasonable measures to protect against
harms to children’s rights related to climate change that are caused or perpetuated by business
enterprises, while businesses have the responsibility to respect children’s rights in relation to
climate change. States should ensure that businesses rapidly reduce their emissions and
should require businesses, including financial institutions, to conduct environmental impact
assessments and children’s rights due diligence procedures to ensure that they identify,
prevent, mitigate and account for how they address actual and potential adverse climate
change-related impacts on children’s rights, including those resulting from productionrelated and consumption-related activities and those connected to their value chains and
global operations.37
108. Home States have obligations to address any harm and climate change-related risks to
children’s rights in the context of business enterprises’ extraterritorial activities and
operations, provided that there is a reasonable link between the State and the conduct
concerned, and should enable access to effective remedies for rights violations. This includes
cooperation to ensure the compliance of business enterprises operating transnationally with
applicable environmental standards aimed at protecting children’s rights from climate
change-related harm and the provision of international assistance and cooperation with
investigations and enforcement of proceedings in other States. 38
109. States should incentivize sustainable investment in and use of renewable energy,
energy storage and energy efficiency, in particular by State-owned or controlled enterprises
and those that receive substantial support and services from State agencies. States should
enforce progressive taxation schemes and adopt strict sustainability requirements for public
procurement contracts.39 States can also encourage community control over the generation,
management, transmission and distribution of energy to increase access to and the
affordability of renewable technology and the provision of sustainable energy products and
services, in particular at the community level.
110. States should ensure that their obligations under trade or investment agreements do
not impede their ability to meet their human rights obligations and that such agreements
promote rapid reductions in greenhouse gas emissions and other measures to mitigate the
causes and effects of climate change, including through the facilitation of investment in
renewable energy.40 The climate change-related impacts on children’s rights connected to the
implementation of the agreements should be regularly assessed, allowing for corrective
measures, as appropriate.
36
37
38
39
40
GE.23-11144
A/77/226, para. 26.
General comment No. 16 (2013), para. 62.
Ibid., paras. 43 and 44.
Ibid., para. 27.
Committee on Economic, Social and Cultural Rights general comment No. 24 (2017) on State
obligations under the International Covenant on Economic, Social and Cultural Rights in the context
of business activities, para. 13.
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