CRC/C/GC/26
61.
States shall take effective legislative, administrative and other measures to ensure that
all children, without discrimination, are able to play and engage in recreational activities in
safe, clean and healthy environments, including natural spaces, parks and playgrounds. In
public planning, in rural and urban settings, children’s views should be given due weight and
the creation of environments promoting their well-being should be prioritized. Consideration
should be given to: (a) providing access, by means of safe, affordable and accessible
transportation, to green areas, large open spaces and nature for play and recreation; (b)
creating a safe local environment that is for free play, free from pollution, hazardous
chemicals and waste; and (c) undertaking road traffic measures to reduce pollution levels
near households, schools and playgrounds, including through the design of zones in which
children playing, walking and cycling have priority.
62.
States should introduce legislation, regulations and guidelines, accompanied by
necessary budgetary allocations and effective monitoring and enforcement mechanisms, to
ensure that third parties comply with article 31 of the Convention, including by establishing
safety standards for all toys and play and recreational facilities, in particular concerning toxic
substances, in urban and rural development projects. In situations of climate change-related
disasters, measures should be taken to restore and protect these rights, including through the
creation or restoration of safe spaces and by encouraging play and creative expression to
promote resilience and psychological healing.
III. Right to a clean, healthy and sustainable environment
63.
Children have the right to a clean, healthy and sustainable environment. This right is
implicit in the Convention and directly linked to, in particular, the rights to life, survival and
development, under article 6, to the highest attainable standard of health, including taking
into consideration the dangers and risks of environmental pollution, under article 24, to an
adequate standard of living, under article 27, and to education, under article 28, including the
development of respect for the natural environment, under article 29.
64.
The substantive elements of this right are profoundly important for children, given
that they include clean air, a safe and stable climate, healthy ecosystems and biodiversity,
safe and sufficient water, healthy and sustainable food and non-toxic environments.16
65.
Towards the realization of this right for children, the Committee considers that States
should immediately take the following action:
(a)
Improve air quality, by reducing both outdoor and household air pollution, to
prevent child mortality, especially among children under 5 years of age;
(b)
Ensure access to safe and sufficient water and sanitation and healthy aquatic
ecosystems to prevent the spread of waterborne illnesses among children;
(c)
Transform industrial agriculture and fisheries to produce healthy and
sustainable food aimed at preventing malnutrition and promoting children’s growth and
development;
(d)
Equitably phase out the use of coal, oil and natural gas, ensure a fair and just
transition of energy sources and invest in renewable energy, energy storage and energy
efficiency to address the climate crisis;
(e)
Conserve, protect and restore biodiversity;
(f)
Prevent marine pollution, by banning the direct or indirect introduction of
substances into the marine environment that are hazardous to children’s health and marine
ecosystems;17
16
17
GE.23-11144
See A/74/161, A/75/161, A/76/179, A/HRC/40/55, A/HRC/46/28 and A/HRC/49/53.
Convention for the Protection of the Marine Environment of the North-East Atlantic, art. 2.2 (a).
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