that protecting children’s rights from global climate change would require “urgent and
aggressive reductions in greenhouse gases, guided by the best available science”. 12
Although the Committee has not explicitly addressed climate change in its State reviews of
the Philippines to date, its Concluding Observations in both 2005 and 2009 expressed
concern regarding environmental problems in the country with clear climate dimensions,
highlighting in particular the serious consequences for children’s health and development
resulting from air and water pollution and environmental degradation, and regional disparities
with regards to access to safe drinking water and sanitation.13 In 2009 the Committee further
noted the Philippines’ particular vulnerability to natural disasters, and called on the State to
develop and implement an action plan or strategy on assistance and protection of children
affected by these events – a step that the Philippines has subsequently taken through the
Children’s Relief and Protection Act 2016 (see section 3.3 below).14 The Committee also
called on the Philippines to continue to strengthen implementation of domestic
environmental laws, to increase children’s knowledge of environmental health issues by
introducing dedicated education programmes in schools, and to take effective measures to
improve access to safe drinking water and sanitation facilities – particularly in rural areas
and slums.
3.2
The role and responsibilities of the private sector in relation to child
rights and climate change
The Committee has also provided guidance with regard to the role of the private sector and
environmental harm, recognizing that environmental degradation and contamination
resulting from business activities can undermine a range of children’s rights. In its General
Comment No 16, the Committee states that:
“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.”15
The General Comment is equally clear that States must require businesses to undertake
mandatory child-rights due diligence in order “to ensure that business enterprises identify,
prevent and mitigate their impact on child rights including across their business relationships
and within global operations.”16
The Committee further notes that States should ensure children’s access to effective redress
mechanisms for violations of their rights resulting from business activities, including those
caused by business enterprises extraterritorially “when there is a reasonable link between
the State and the conduct concerned”.17 This guidance has obvious implications for the role
and responsibilities of businesses in relation to their contribution to climate change and its
severe impacts on child rights, both at home and abroad, and particularly as attribution
models become increasingly sophisticated.18 In this regard, the Committee also highlights
the role that agencies with oversight powers relevant to children’s rights, including national
human rights institutions, can play in providing remedies, through, for example, proactively
investigating and monitoring abuses, and imposing sanctions on businesses which infringe
on children’s rights, where they have regulatory powers that enable them to do so. 19
The Committee underlines that redress mechanisms should take into account the fact that
children’s specific vulnerabilities can mean that violations of their rights can be irreversible
and result in life-long – and even transgenerational – consequences, and that reparation
should therefore be timely to limit ongoing and future damage to the child or children
affected. The Committee provides the example that if children are identified as victims of