CRC/C/GC/26 A. Child rights-based approach to environmental protection 6. The application of a child rights-based approach to the environment requires the full consideration of all children’s rights under the Convention on the Rights of the Child and the Optional Protocols thereto. 7. In a children’s rights-based approach, the process of realizing children’s rights is as important as the result. As rights holders, children are entitled to protection from infringements of their rights stemming from environmental harm and to be recognized and fully respected as environmental actors. In taking such an approach, particular attention is paid to the multiple barriers faced by children in disadvantaged situations in enjoying and claiming their rights. 8. A clean, healthy and sustainable environment is both a human right itself and necessary for the full enjoyment of a broad range of children’s rights. Conversely, environmental degradation, including the consequences of the climate crisis, adversely affects the enjoyment of these rights, in particular for children in disadvantaged situations or children living in regions that are highly exposed to climate change. The exercise by children of their rights to freedom of expression, peaceful assembly and association, to information and education, to participate and be heard and to effective remedies can result in more rightscompliant, and therefore more ambitious and effective, environmental policies. In this way, children’s rights and environmental protection form a virtuous circle. B. Evolution of international law on human rights and the environment 9. The Convention explicitly addresses environmental issues in article 24 (2) (c), by which States are obliged to take measures to combat disease and malnutrition, taking into consideration the dangers and risks of environmental pollution, and under article 29 (1) (e), by which they are required to direct the education of children to the development of respect for the natural environment. Since the adoption of the Convention, growing acceptance has emerged of the wide-ranging interconnections between children’s rights and environmental protection. Unprecedented environmental crises and the resulting challenges for the realization of children’s rights require a dynamic interpretation of the Convention. 10. The Committee is mindful of efforts of relevance to its interpretation, including: (a) the recognition of the human right to a clean, healthy and sustainable environment by the General Assembly2 and the Human Rights Council;3 (b) the framework principles on human rights and the environment;4 (c) the existing and evolving norms, principles, standards and obligations under international environmental law, such as the United Nations Framework Convention on Climate Change and the Paris Agreement; (d) the legal developments and jurisprudence at the regional level recognizing the relationship between human rights and the environment; and (e) the recognition of some form of the right to a clean, healthy and sustainable environment in international agreements, the jurisprudence of regional and national courts, national constitutions, laws and policies by a vast majority of States. 5 C. Intergenerational equity and future generations 11. The Committee recognizes the principle of intergenerational equity and the interests of future generations, to which the children consulted overwhelmingly referred. While the rights of children who are present on Earth require immediate urgent attention, the children constantly arriving are also entitled to the realization of their human rights to the maximum extent. Beyond their immediate obligations under the Convention with regard to the environment, States bear the responsibility for foreseeable environment-related threats 2 3 4 5 2 General Assembly resolution 76/300. Human Rights Council resolution 48/13. A/HRC/37/59, annex. See A/HRC/43/53. GE.23-11144

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