The Right of Children in Environmental Crises from The Perspective of International Human Rights Law

Document Type : Original Article

Authors

1 Ph.D. Student of International Law, University of Qom, Iran

2 Associate Professor, Faculty of Law, University of Qom, Iran.

Abstract

Environmental crises affect children's rights to such an extent that they can be boldly referred to as children's rights crisis. There are a variety of environmental crises, including air, water and soil pollution, destruction of ecosystems and resources, toxic pollution, the spread of infectious diseases, ozone depletion, rising greenhouse gases and so on which adversely affect various aspects of children's basic rights including right to life, right to health, right to education, right to welfare and adequate living standards, right to healthy nutrition and their cultural rights. The present paper seeks to explore the rights of children in environmental crises from the perspective of international human rights law (IHRL). Finally, the findings of this article indicates that, states and large corporations, which have the largest share in creating environmental crises, also have the greatest responsibility. Now, when environmental damage directly and/or indirectly violates the rights of children and governments are directly or/and indirectly involved in creating them, it makes sense to consider them committed to resolving environmental crises and guaranteeing children's rights. To this end, states should take effective action, including reducing greenhouse gas emissions, preventing ecosystem degradation, preventing pollution and global warming, respecting the right of children to be heard, guaranteeing the right to freedom of expression and association, and involving them in environmental decisions.

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Main Subjects


American Youth to bring US Federal Government to Trial in Ground-breaking Climate Change lawsuit, 2016. https://www.unep.org/news-and-stories/story/american-youth-bring-us-federal-government-trial-ground-breaking-climate.
Committee on the rights of the child, Report of the 2016 day of general discussion, Children’s Rights and the Environment, 2016. https://www.ohchr.org/Documents/HRBodies/CRC/Discussions/2016/DGDoutcomereport-May2017.pdf
Communication to the committee on the rights of the child, Gerta Thunbergandeleen-Anneand others V Argentina, Brazil, France, Germany& Turkey, 2019. http://climatecasechart.com/climate-change-litigation/wp-content/uploads/sites/16/non-us-case-documents/2019/20190923_Not-available_petition-1.pdf
Convention on the Rights of the Child, 1989.
CRC/C/AZE/5-6,2020, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fAZE%2f5-6&Lang=en
CRC/C/DEU/5-6,2020, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fDEU%2f5-6&Lang=en
CRC/C/IRAN/CO//3-4,2016, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=5&CountryID=81 
CRC/C/IRI/5-6, 2021, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fIRL%2f5-6&Lang=en
CRC/C/KWT/3-6,2020, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fKWT%2f3-6&Lang=en
CRC/C/SWE/6-7,2021, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fSWE%2f6-7&Lang=en
Davis J, 'Young children, environmental education and the future' (1998) Education and the environment 141
Francesca M. and Others, Environment in Children’s Health: A New Challenge for Risk Assessment, Published online 2021 Oct 4. doi: 10.3390/ijerph181910445
G7 Environment Ministers' Meetings, '1997 Declaration of the Environment Leaders of the Eight on Children's Environmental Health', 1997. http://www.g8.utoronto.ca/ environment/1997miami/children.html
Gerison L, every child’s right to be heard, a resource guide on the un committee on the rights of the child general comment no.12. https://www.unicef.org/files/Every_Childs_Right_to_be_Heard.pdf
Jonas S, Translator Elaine Griffiths, Protecting Environmental Child Rights P3, 2012, https://www.terredeshommes.org/wp-content/uploads/2013/01/tdh_Environmental-Child-Rights_2012-11-final.pdf
Marabotti, C, and Others, 'Mortality for chronic-degenerative diseases in Tuscany: Ecological study comparing neighboring areas with substantial differences in environmental pollution' (2017) Vol. 30 No.4 International journal of occupational medicine and environmental health 641
Savić V, LL.M., Supervision: Prof. Dr. Ton Liefaard, 'Kids rights Report 2016-Cleaning up the Mess, Children’s Rights and Environmental Protection' (Leiden University 2016)
Savić V, LL.M., Supervision: Prof. Dr. Ton Liefaard, 'Kids rights Report 2016-Cleaning up the Mess, Children’s Rights and Environmental Protection' (Leiden University 2016)
Statement by UNICEF Deputy Executive Director, To the Senate Foreign Relations Subcommittee on Multilateral International Development, Multilateral Institutional Economic, Energy and Environmental Policy, 2017. https://www.foreign.senate.gov/imo/media/doc/071817_Forsyth_Testimony.pdf
Tanner T.M, and Others, 'Children's participation in community-based disaster risk reduction and adaptation to climate change' (2009) Participatory Learning and Action 54
The UN Human Rights Council resolution A/HRC/45/L.48/Rev.1, Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, 2020, https://undocs.org/A/HRC/45/L.48/Rev.1
The UN Human Rights Council, Resolution 40/11, Recognizing the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development, 2019.
UN Committee on the Rights of the Child, General Comment 16: State obligations regarding the impact of the business sector on children’s rights, 2013.
UN Special Rapporteur on Human Rights and the Environment, Resolution 37/58, report to the UN Human Rights Council on Child Rights and the Environment, 2018. https://daccessods.un.org/TMP/2866833.50801468.html
UN Special Rapporteur on Toxics and Human Rights, Resolution, 33/41, Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, 2016. https://www.undocs.org/A/HRC/33/41
UNICEF, The Toxic Truth, 2020. https://www.UNICEF.org/ reports/ Toxic-Truth-Childrens-Exposure-To-Lead-Pullotion-2020
UNISEF’s Approach to Climb Change, An Environment Fit for Children, 2019. 
United Nation Environment Programme, 'children’ right and the environment', (2020). https://wedocs.unep.org/bitstream/handle/20.500.11822/34181/CRE.pdf?sequence=1&isAllowed=y
United Nation Environment Programme, The Status of Climate Change Litigation, 2017.
Winograd K, Education in times of environmental crises (New York: Routledge 2016)
World Health Organization, 'Children Suffer Most From the Effects of Ozone Depletion', 2003. https://www.who.int/news/item/16-09-2003-chidren-suffer-most-fom-the-effect-of-ozone-depletion
World Health Organization, 'Children’s environmental health', 2012. https://www.who.int/health-topics/children-environmental-health#tab=tab_3
World Health Organization, 'Massive Open Online Course On E-waste-Launched by UN and partners to galvanise action for better managing this expanding source of hazardous waste', 2020. https://www.who.int/news/item/28-02-2020-massive-open-online-course-on-e-waste
World Health Organization, 'New Climate Accord Could Save Lives And Health Costs From Both Climate And Air Pollution', 2015. https://www.who.int/news/item/11-12-2015-new-climate-accord-could-save-lives-and-health-costs-from-both-climate-and-air-pollution