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New UN guidance affirms children’s right to a clean, healthy environment

The UN Committee on the Rights of the Child issued new guidance on Monday that calls for governments to take action to protect boys and girls in the face of the deepening climate crisis.

The so-called General Comment No. 26 marks the first time the Committee has affirmed children’s right to live in a clean, healthy and sustainable environment.

It provides a comprehensive interpretation of State obligations under the UN Convention on the Rights of the Child, which has been ratified by 196 countries.

The 1989 treaty outlines children’s rights, including to life, health, clean drinking water, and survival and development.  

A General Comment provides legal guidance on how children’s rights are impacted by a specific topic or area of legislation, with the latest addressing environmental rights with a special focus on climate change.

Amplifying children’s voices

Children have been at the forefront of the fight against climate change, urging governments and corporations to take action to safeguard their lives and the future, said Committee member Philip Jaffé.

“With its General Comment No. 26, the Committee on the Rights of the Child not only echoes and amplifies children’s voices, but also clearly defines the rights of children in relation to the environment that States Parties should respect, protect and fulfil collectively and urgently,” he added.

States are responsible not only for protecting children’s rights from immediate harm, but also for foreseeable violations of their rights in the future due to action, or inaction, today.

Accountability today and tomorrow

The General Comment explicitly addresses the climate emergency, the collapse of biodiversity and pervasive pollution.

It specifies that States are responsible not only for protecting children’s rights from immediate harm, but also for foreseeable violations of their rights in the future due to action, or inaction, today.

Furthermore, it underlines that States can be held accountable for environmental harm occurring both within their borders and beyond.

Countries that have ratified the UN child rights convention are urged to take immediate action including phasing out fossil fuels and shifting to renewable energy sources, improving air quality, ensuring access to clean water, and protecting biodiversity.

‘A vital step forward’

The guidance also states that children’s views must be considered in environmental decision-making and stresses the critical role of environmental education.

David Boyd, UN Special Rapporteur on Human Rights and the Environment, called General Comment No. 26 “a vital step forward” in recognizing that every child has the right to live in a clean, healthy and sustainable world.

“Governments must now take urgent action to address the global environmental crisis in order to breathe life into these inspiring words,” he said.

General Comment No. 26 is the outcome of global and intergenerational engagement, including broad consultation with UN Member States, international and regional organizations, national human rights institutions, civil society organizations, and children themselves.

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