CRC/C/GC/26
98.
When determining the appropriateness of their mitigation measures in accordance
with the Convention, and also mindful of the need to prevent and address any potential
adverse effects of those measures, States should take into account the following criteria:
(a)
Mitigation objectives and measures should clearly indicate how they respect,
protect and fulfil children’s rights under the Convention. States should transparently and
explicitly focus on children’s rights when preparing, communicating and updating nationally
determined contributions.29 This obligation extends to other processes, including biennial
transparency reports, international assessments and reviews and international consultations
and analyses;30
(b)
States have an individual responsibility to mitigate climate change in order to
fulfil their obligations under the Convention and international environmental law, including
the commitment contained in the Paris Agreement to hold the increase in the global average
temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the
temperature increase to 1.5°C above pre-industrial levels by 2030.31 Mitigation measures
should reflect each State party’s fair share of the global effort to mitigate climate change, in
the light of the total reductions necessary to protect against continuing and worsening
violations of children’s rights. Each State, and all States working together, should
continuously strengthen climate commitments in line with the highest possible ambition and
their common but differentiated responsibilities and respective capacities. High-income
States should continue to take the lead by undertaking economy-wide absolute emission
reduction targets, and all States should enhance their mitigation measures in the light of their
different national circumstances in a manner that protects children’s rights to the maximum
possible extent;32
(c)
Successive mitigation measures and updated pledges should represent the
efforts of States in a progression over time, 33 keeping in mind that the time frame for
preventing catastrophic climate change and harm to children’s rights is shorter and requires
urgent action;
(d)
Short-term mitigation measures should take into consideration the fact that
delaying a rapid phase out of fossil fuels will result in higher cumulative emissions and
thereby greater foreseeable harm to children’s rights;
(e)
Mitigation measures cannot rely on removing greenhouse gases from the
atmosphere in the future through unproven technologies. States should prioritize rapid and
effective emissions reductions now in order to support children’s full enjoyment of their
rights in the shortest possible period of time and to avoid irreversible damage to nature. 34
99.
States should discontinue subsidies to public or private actors for investments in
activities and infrastructure that are inconsistent with low greenhouse gas emission pathways,
as a mitigation measure to prevent further damage and risk.
100. Developed States should assist developing countries in planning and implementing
mitigation measures, in order to help children in vulnerable situations. The assistance could
include providing financial and technical expertise and information and other capacitybuilding measures that specifically contribute to the prevention of harm to children caused
by climate change.35
29
30
31
32
33
34
35
GE.23-11144
Paris Agreement, art. 4 (2).
Ibid., art. 14 (4).
Ibid., art. 2 (1) (a); and Sacchi et al. v. Argentina (CRC/C/88/D/104/2019), para. 10.6. See also Sacchi
et al. v. Brazil (CRC/C/88/D/105/2019), Sacchi et al. v. France (CRC/C/88/D/106/2019) and Sacchi
et al. v. Germany (CRC/C/88/D/107/2019) and Sacchi et al. v. Turkey (CRC/C/88/D/108/2019).
Paris Agreement, art. 4 (4).
Ibid., arts. 3 and 4 (3).
United Nations Framework Convention on Climate Change, arts. 4 (1) (h)–(j) and (2) (b); and Paris
Agreement, preamble and arts. 4 (8), 12 and 13.
Paris Agreement, art. 13 (9).
17