CRC/C/GC/26
maximum extent of their available resources and, where needed, within the framework of
international cooperation.19
73.
Subject to any obligations under international law, including those contained in
multilateral environmental agreements to which they are party, States retain discretion in
arriving at a reasonable balance between determining the appropriate levels of environmental
protection and achieving other social goals in the light of available resources. Nevertheless,
such leeway is limited by the obligations of States under the Convention. Children are far
more likely than adults to suffer serious harm, including irreversible and lifelong
consequences and death, from environmental degradation. Given their heightened duty of
care, States should therefore set and enforce environmental standards that protect children
from such disproportionate and long-term effects.20
74.
States should ensure the collection of reliable, regularly updated and disaggregated
data and research on environmental harm, including the risks and actual impacts of climate
change-related harm on children’s rights. They should include longitudinal data on the effects
of environmental harm on children’s rights, in particular on health, education and standard
of living at different ages. Such data and research should inform the formulation and
evaluation of environmental legislation, policies, programmes and plans at all levels and must
be made publicly available.
B.
Child rights impact assessments
75.
All proposed environment-related legislation, policies, projects, regulations, budgets
and decisions, and those already in force, require vigorous children’s rights impact
assessments, in accordance with article 3 (1) of the Convention. States should require the
assessment, both before and after implementation, of the possible direct and indirect impact
on the environment and climate, including the transboundary, cumulative, and both
production and consumption effects, on the enjoyment of children’s rights.
76.
Whether child rights impact assessments are included within the framework of an
environmental or integrated impact assessment, or carried out as a standalone assessment,
they should incorporate a special regard for the differential impact of environmental decisions
on children, in particular young children and other groups of children most at risk, as
measured against all relevant rights under the Convention, including short-, medium- and
long-term, combined and irreversible impacts, interactive and cumulative impacts and
impacts in the different stages of childhood. For example, States that have substantial fossil
fuel industries should assess the social and economic impact on children of their related
decisions.
77.
Child rights impact assessments should be undertaken as early as possible in the
decision-making process, at crucial stages of decision-making and in follow up to the
measures taken. Such assessments should be conducted with the participation of children and
due weight should be given to their views and those of thematic experts. The findings should
be published in child-friendly language and in the languages that children use.
Children’s rights and the business sector
C.
78.
Businesses have the responsibility to respect children’s rights in relation to the
environment. States have the obligation to protect against the abuse of child rights by third
parties, including business enterprises.21
79.
Business activity is a source of significant environmental damage, contributing to
child rights abuses. Such damage results, for example, from the production, use, release and
disposal of hazardous and toxic substances, the extraction and burning of fossil fuels,
19
20
21
GE.23-11144
General comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 75.
A/HRC/37/58, paras. 56 and 57.
General comment No. 16 (2013) on State obligations regarding the impact of the business sector on
children’s rights, paras. 28, 42 and 82.
13