CRC/C/GC/26
arising as a result of their acts or omissions now, the full implications of which may not
manifest for years or even decades.
D.
Objectives
12.
In the present general comment, the Committee aims to:
(a)
Emphasize the urgent need to address the adverse effects of environmental
degradation, with a special focus on climate change, on the enjoyment of children’s rights;
(b)
Promote a holistic understanding of children’s rights as they apply to
environmental protection;
(c)
Clarify the obligations of States to the Convention and provide authoritative
guidance on legislative, administrative and other appropriate measures to address
environmental harm, with a special focus on climate change.
II. Specific rights under the Convention as they relate to
the environment
13. Children’s rights, like all human rights, are indivisible, interdependent and interrelated.
Some rights are particularly threatened by environmental degradation. Other rights play an
instrumental role in safeguarding children’s rights in relation to the environment. The right
to education, for example, is a right that has both dimensions.
A.
Right to non-discrimination (art. 2)
14.
States have an obligation to effectively prevent, protect against and provide remedies
for both direct and indirect environmental discrimination. Children in general, and certain
groups of children in particular, face heightened barriers to the enjoyment of their rights, due
to multiple and intersecting forms of discrimination; such grounds include those specifically
prohibited under article 2 of the Convention and the “other status” referred to in the article.
The impact of environmental harm has a discriminatory effect on certain groups of children,
especially Indigenous children, children belonging to minority groups, children with
disabilities and children living in disaster-prone or climate-vulnerable environments.
15.
States should collect disaggregated data to identify the differential effects of
environment-related harm on children and to better understand intersectionalities, paying
special attention to groups of children who are most at risk, and to implement special
measures and policies, as required. States must ensure that all legislation, policies and
programmes that deal with environmental issues are not intentionally or unintentionally
discriminatory towards children in their content or implementation.
B.
Best interests of the child (art. 3)
16.
Environmental decisions generally concern children, and the best interests of the child
shall be a primary consideration in the adoption and implementation of environmental
decisions, including laws, regulations, policies, standards, guidelines, plans, strategies,
budgets, international agreements and the provision of development assistance. Where an
environmental decision may have a significant impact on children, conducting a more
detailed procedure to assess and determine children’s best interests that provides
opportunities for their effective and meaningful participation, is appropriate.
17.
Determining the best interests of the child should include an assessment of the specific
circumstances that place children uniquely at risk in the context of environmental harm. The
purpose of assessing the best interests of the child shall be to ensure the full and effective
enjoyment of all rights, including the right to a clean, healthy and sustainable environment.
GE.23-11144
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