CRC/C/GC/26
States should not only protect children against environmental harm, but also ensure their
well-being and development, taking into account the possibility of future risk and harm. 6
18.
The adoption of all measures of implementation should also follow a procedure that
ensures that the best interests of the child are a primary consideration. A child rights impact
assessment should be used to evaluate the environmental impact of all implementation
measures, such as any proposed policy, legislation, regulation, budget or other administrative
decision concerning children, and should complement ongoing monitoring and evaluation of
the impact of measures on children’s rights.
19.
Potential conflicts of the best interests of the child with other interests or rights should
be resolved on a case-by-case basis, carefully balancing the interests of all parties. Decision
makers should analyse and weigh the rights and interests of all those concerned, giving
appropriate weight to the primacy of the best interests of the child. States should take into
account the possibility that environmental decisions that seem reasonable individually and
on a shorter timescale can become unreasonable in aggregate and when considering the full
harm that they will cause to children throughout their life courses.
C.
Right to life, survival and development
20.
The right to life is threatened by environmental degradation, including climate change,
pollution and biodiversity loss, which are closely linked to other fundamental challenges
impeding the realization of this right, including poverty, inequality and conflict. States should
take positive measures to ensure that children are protected from foreseeable premature or
unnatural death and threats to their lives that may be caused by acts and omissions, as well
as the activities of business actors, and enjoy their right to life with dignity. 7 Such measures
include the adoption and effective implementation of environmental standards, for example,
those related to air and water quality, food safety, lead exposure and greenhouse gas
emissions, and all other adequate and necessary environmental measures that are protective
of children’s right to life.
21.
The obligations of States under article 6 of the Convention also apply to structural and
long-term challenges arising from environmental conditions that may lead to direct threats to
the right to life and require taking appropriate measures to tackle those conditions, for
example, the sustainable use of resources needed for covering basic needs and the protection
of healthy ecosystems and biodiversity. Special measures of protection are needed to prevent
and reduce child mortality from environmental conditions and for groups in vulnerable
situations.
22.
Environmental degradation increase children’s risk of facing grave rights violations
in armed conflict due to displacement, famine and increased violence. In the context of armed
conflict, States should prohibit the development or retention of, and ensure the clean-up of
areas contaminated by, unexploded ordnance and residue of biological, chemical and nuclear
weapons, in line with international commitments.
23.
Environmental degradation jeopardizes children’s ability to achieve their full
developmental potential, with implications for a wide range of other rights under the
Convention. The development of children is intertwined with the environment in which they
live. The developmental benefits of a healthy environment include those linked to
opportunities to experience outdoor activities and to interact with and play in natural
environments, including the animal world.
24.
Younger children are particularly susceptible to environmental hazards due to their
unique activity patterns, behaviours and physiology. Exposure to toxic pollutants, even at
low levels, during developmental windows of increased vulnerability can easily disrupt the
maturational processes of the brain, organs and the immune system and cause disease and
impairments during and beyond childhood, sometimes after a substantial latency period. The
6
7
4
General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a
primary consideration, paras. 16 (e), 71 and 74.
Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 62.
GE.23-11144