3. The UN Convention on the Rights of the Child and Climate
Change
3.1
The role and responsibilities of State Parties
The UN Convention on the Rights of the Child (Convention) is one of the few human rights
instruments to explicitly recognize the importance of a healthy environment in the context of
the rights that it enshrines, and to place obligations on States in this regard. This occurs in
two places; Article 24(2) on the right of the child to the enjoyment of the highest attainable
standard of health provides that:
“States Parties shall pursue full implementation of this right and, in
particular, shall take appropriate measures: […] to combat disease and
malnutrition […] taking into consideration the dangers and risks of
environmental pollution.”
And Article 29(1) on the aims of education states that:
“States Parties agree that the education of the child shall be directed to:
[…] the development of respect for the natural environment.”
In this sense, the Convention articulates the fundamentally interdependent nature of the
relationship between environmental and child rights protection – a relationship that has been
overlooked for too long by both States and other actors, but which is at last the subject of
increasing recognition at both international and national levels.
The UN Committee on the Rights of the Child (the Committee) has aided this process by
providing further guidance in interpretation of these articles with respect to climate change
specifically. In its General Comment on the right of the child to the enjoyment of the highest
attainable standard of health, the Committee states that:
“Environmental interventions should, inter alia, address climate change, as
this is one of the biggest threats to children’s health and exacerbates health
disparities. States should, therefore, put children’s health concerns at the
centre of their climate change adaptation and mitigation strategies.”8
And in a growing number of Concluding Observations, the Committee has emphasized
climate change as a serious impediment to the ability of State Parties to make progress in
implementing the Convention, linking its adverse effects to, inter alia, the right to education
(Article 28), adequate housing (Article 27), and health, safe drinking water and sanitation
(Article 24).9 Since then, the Committee has gone further still, acknowledging that “almost all
the substantive rights of the child may be affected by climate change”, and affirming that
States must take into account the rights and best interests of the child when determining
which mitigation and adaptation measures to pursue.10
The Committee has issued a number of pertinent recommendations to countries, primarily
concerning adaptation interventions such as the need to mainstream child-specific and childsensitive risk and vulnerability reduction strategies into national climate and disaster risk
plans; to raise awareness and preparedness for climate change through education, and to
increase the physical safety and resilience of school infrastructure; to strengthen social
safety nets more broadly; and to seek international cooperation in implementing these
recommendations. More recently, the Committee has also addressed States’ obligations to
prevent causing, or contributing to, transboundary harm through their climate mitigation
strategies,11 while the outcome report from their 2016 Day of General Discussion recognized