depth on State obligations under the CRC to regulate the private sector and
business enterprises in its General Comment 16.27 The Committee referred to the
disadvantages children face in ensuring the enforcement of their rights found in
the CRC against businesses’ abuses: “…[T]he Committee recognizes that duties
and responsibilities to respect the rights of children extend in practice beyond the
State and State-controlled services and institutions and apply to private actors and
business enterprises. Therefore, all businesses must meet their responsibilities
regarding children’s rights and States must ensure they do so”28 (emphasis
added).
Specifically in regards to Article 629 of the CRC, the Committee stressed that
“[t]he activities and operations of business enterprises can impact on the
realization of Article 6 in different ways. For example, environmental degradation
and contamination arising from business activities can compromise children’s
rights to health, food security and access to safe drinking water and sanitation.” 30
The Committee emphasized the importance of both preventative measures and
monitoring the impact businesses have on the environment.31
The Carbon Majors’ effects, as alleged, would not solely impact adults in the
Philippines; rather, the effects would be felt by all persons. Children, an already
vulnerable class with limited ability to enforce their rights, are especially
susceptible to the effects of climate change. In keeping with its obligations found
in the CRC and further expounded upon by the Committee in its General
Comment Number 16, the Philippines has a duty to ensure the rights of children
under its jurisdiction are protected.
The Committee to the CRC has drawn attention to the need to protect against
abuses by business enterprises. In its observations on Chile, the Committee
highlighted the “the lack of a national plan or general regulation on business and
human rights that considers the impact of business on children’s rights, and about
the limited and ad hoc measures.”32 Additionally, in its observations on Colombia,
1577, p. 3.
27
UN Committee on the Rights of the Child (CRC), General comment No. 16 (2013): State obligations regarding the
impact of the business sector on children’s rights, 17 April 2013, CRC/C/GC/16.
28
Id.
29
The full text of Article 6 of the CRC reads as follows: “1. States Parties recognize that every child has the inherent right
to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.” UN
General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p.
3.
30
CRC, General Comment 16, supra note 27.
31
Id.
32
UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: Concluding Observations,
Chile, 30 October 2015, CRC/C/CHL/CO/4-5 para 20.
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