TDH Environmental Child Rights 2012 11 Final

Protecting Environmental
Child Rights
terre des hommes Help for Children in Distress
Imprint Contents

terre des hommes Germany Foreword 1

Help for children in distress
Head Office Introduction 2

Ruppenkampstrasse 11a
49084 Osnabrück 1. Two paths – one goal? Developing 3
Phone +49 (0)5 41/71 01-0 environmental and human rights protection
Telefax +49 (005 41/70 72 33
eMail info@tdh.de 2. Environment-related child rights in the CRC 6
Internet www.tdh.de
2.1 The child’s right to life, survival and development 6
Account for donation 700 800 700 2.2 The child’s right to health 7
Volksbank Osnabrueck eG 2.3 The child’s right to food 9
Bank sort Code (BLZ) 265 900 25
2.4 The child’s right to water and sanitation 11
BIC GENODEF1OCV
2.5 The child’s right to housing 14
IBAN DE20 2659 0025 0700 8007 00
2.6 Future prospects: 16
Author More environmental protection through a general
Jonas Schubert
child’s right to a healthy environment?
Editor
Wolf-Christian Ramm (responsible), 3. Strengthening accountability for 20
Urte Tegtmeyer
environmental child rights
Editorial assistent 3.1 The justiciability of environmental child rights 21
Cornelia Dernbach 3.2 International monitoring mechanisms 22
Photos
Title, P. 9 l., 2 6: Florian Kopp 4. A child rights approach to environmental 25
P. 5, 8, 9 r., 1 1, 16: C. Kovermann / terre des hommes protection and sustainable development
P. 6: C. Ramm / terre des hommes
P. 10: H. Book / terre des hommes
P. 15: Meike Wunderlich 5. Recommended actions to improve the protection 27
P. 18: B. Rasing / terre des hommes of environmental child rights
P. 23: Caroline Kaminju
Layout and design Further reading and links 29

sec GmbH, Osnabrück
Translation
Elaine Griffiths,
Jonas Schubert
terre des hommes Germany has been awarded the

donation label from the German Central Institute
for Social Questions (DZI). The DZI certifies terre
des hommes Germany’ transparent use of funds,
objective information policy, authentic advertising
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terre des hommes Help for Children in Distress Protecting Environmental Child Rights 1
Children have a right to a healthy environment!

Publisher’s foreword
The last few decades have seen a huge rise in Children’s rights direct the focus of environmen-
public awareness regarding the causes and effects tal and sustainability policy to the unequal power
of human-induced environmental degradation. relations that exist between children and adults,
Worldwide, people are experiencing the negative between industrialised and developing countries,
impact of water and food shortages, soil, air and between rich and poor. Yet, in many areas, we
water pollution or natural disasters. Environmental observe the lack of legal and institutional precondi-
pollution frequently crosses borders and is even felt tions required for meeting the human rights chal-
at the global level, as in the case of climate change. lenges arising from ecological damage in the 21st
The costs are borne, above all, by those who can century.
least protect themselves: the children of today and terre des hommes wishes to contribute to a
tomorrow! Already many children, particularly in change of perspective, focusing more attention on
developing countries, are prevented from grow- the interdependence of environmental and child
ing up in a healthy environment: every year three rights protection. In 2011, we therefore launched a
million under-five-year-olds die of environment- campaign on environmental child rights. This study
related illnesses. That is more than one in three shows how rights enshrined in the existing human
deaths among children. At the same time the rights instruments, above all the Convention on
ruthless exploitation of natural resources, the loss the Rights of the Child, can contribute to effective
of biodiversity and other irrevocable ecological environmental protection. It also makes clear that
damage darken children’s future prospects. Young we cannot meet the ecological challenges facing
people are doubly punished since, today and as us today without strengthening the normative and
adults, they have to live with the consequences of institutional foundations of child rights protection.
environmental degradation. It is amazing that – The threat to child rights caused by environmental
although future generations will have to pay for the degradation has taken on such dimensions that
unscrupulous handling of nature – their interests, there is now a good case for the international rec-
rights and voices usually go completely unheard ognition of a universal right to a healthy environ-
in the world of politics and business. terre des ment!
hommes seeks to change that and sees children as
central actors in changing environmental aware- Danuta Sacher
ness and learning how to adopt an environmentally Chair of the Executive Board
friendly lifestyle. terre des hommes Germany
2 Protecting Environmental Child Rights terre des hommes Help for Children in Distress
The relevance of environmental child rights today

An introduction
1 See Ökologische Every child has the right to grow up in a safe envi- from an environmental perspective. It turns out
Kinderrechte: Das ronment, to lead a healthy life and develop positive that the claim to environmental child rights is
Recht des Kindes
future prospects. This definition of »ecological« already rooted in the Convention, since without the
auf bestmögliche
child rights was introduced back in 1999 by the right to a healthy environment it is impossible to
Entwicklung und
Gesundheit (Die UN- National Coalition for the Implementation of Chil- realize the rights to food, water, health etc – now
Konvention umsetzen dren’s Rights in Germany .1 Its aim was to draw and in the future. The Convention’s participatory
– Band IV), Bonn. attention to the relationship between child rights rights also play an outstanding role for environ-
2 General Comment and the environment. In fact, the definition points mental protection. The voices of children must be
No.5 (2003) on
to the function that lies behind all child rights: to heard because policy-making on climate or biodi-
General measures
of implementation guarantee that children can develop and thrive. versity is about their future. They will also »inherit
for the Convention A healthy environment is a precondition for chil- the responsibility of looking after the earth«: in
on the Rights of the dren’s physical and mental health. Without it they the worst case they will encounter an environment
Child, §12. cannot grow up and become healthy members of offering them extremely limited opportunities for
society. Children are curious and want to explore their life and development. Children are in a very
their natural surroundings; in so doing, they gain a similar position to still unborn future generations.
feeling for themselves and their environment (life They will have to cope with the earth that we have
world). left them, without themselves having an effective
Unfortunately this fundamental right of children means of control. When taking normative and
to a healthy environment is today being violated institutional protective measures, decision-makers
a million times over: owing to environmental deg- must give urgent consideration to how strongly
radation and the exploitation of nature, countless future generations will depend on decisions of gen-
children have no access to clean drinking water or erations alive now. Environmental child rights and
to safe food. Many children suffer under environ- the rights of future generations have the same goal:
mentally unacceptable living conditions and are to enable scope for development and self-determi-
constantly exposed to pollution harmful to health. nation, i.e. for promising future prospects.
The opportunity to grow up in a healthy and safe The present study is intended to encourage and
environment is extremely unjustly distributed: show the way towards strengthening environmen-
between North and South, rich and poor. With- tal child rights. Chapter 1 gives a short historical
out a realignment of political, legal and economic review of the development of human rights and
conditions this situation will not fundamentally environmental protection, which ran in parallel for
change. On the contrary, the increasing exploita- a long time. Chapter 2 deals with the environmental
tion of natural resources and degrading or destruc- aspects of protected child rights and ends with the
tion of ecosystems will make a healthy environ- proposal to strengthen child rights in the long term
ment a scarce commodity, which very few children through the international recognition of a general
will be able to enjoy in future. right to a healthy environment. Chapter 3 high-
This makes it absolutely necessary to focus more lights which accountability mechanisms are crucial
attention on the environmental dimensions of pro- for ensuring that environmental child rights are
tected child rights and, conversely, to strengthen effectively put into practice. Chapter 4 argues that
the role of child rights in environmental, sustain- child rights should get more recognition in environ-
ability and other relevant policy. Environmental mental and sustainability policy, since hitherto the
threats to children’s rights must be identified, »pillar« approach in politics has meant that human
taking into account children’s specific needs and rights concerns have played a subordinate role in
vulnerabilities, their dependence and marginalisa- these policy areas. The study concludes with look-
tion. Obligations of states and violations of rights ing ahead to the necessary steps towards improved
must be made more visible to the general public. protection of environmental child rights.
The environmental aspects of child rights must be
strengthened wherever existing standards of protec-
tion are inadequate.
The Convention on the Rights of the Child, with
its holistic approach to development, offers numer-
ous entry points for strengthening environmental
children’s rights.2 Articles 24 and 29 contain explicit
references to the environment, while many other
child rights, above all social rights, have strong
environmental dimensions or may be reinterpreted
1. Two paths – one goal?

Developing environmental and human rights protection
It is no new idea that environmental protection is The Child Rights Committee and the other bodies 3 Declaration of the Unit-
interrelated with human rights and the rights of that monitor the implementation of human rights ed Nations Conference
on the Human Environ
future generations. The United Nations’ first major treaties attempt to compensate to some extent for
ment (Stockholm
international conference on the environment, in the lack of substantive environmental rights by Declaration).
Stockholm in 1972, placed it prominently in Princi- highlighting the dependence of protected rights on 4 See inter alia Art. 1 of
ple 1 of the Final Declaration: preserving a healthy environment. This particu- the »Summary of Pro-
larly applies to the economic, social and cultural posed Legal Principles
Man has the fundamental right to freedom, equal- rights. for Environmental
Protection and Sustain-
ity and adequate conditions of life, in an environ- Unlike in global agreements, governments tend
able Development« in
ment of a quality that permits a life of dignity and to be more willing to include environmental rights Annex 1 of the Report
well-being, and he bears a solemn responsibility to in national constitutions or regional human rights of the World Commis-
protect and improve the environment for present instruments. Both the African Charter on Human sion for Environment
and future generations.3 and Peoples’ Rights (1981) and the Additional and Development
(1987) and UN General
Protocol to the American Convention on Human
Assembly Resolution
Following this first explicit recognition of the Rights in the Area of Social, Economic and Cul- 45/94 (www.un.org/
strong relationship between environmental protec- tural Rights (1988) explicitly recognize the right to documents/ga/res/45/
tion, development and human rights, the depend- a healthy environment. It is also enshrined in most a45r094).
ence of human rights on preserving a healthy envi- constitutions adopted since the 1990s.6 5 Abbreviated below as
CRC.
ronment has been frequently reiterated in relevant The substantive environmental rights written
6 A total of 100 national
documents, reports and UN resolutions.4 Yet ulti- into regional human rights treaties and national
constitutions recognise
mately there is still a lack of political will to endow constitutions enable those affected by ecological a right to a healthy
international commitments with the necessary legal damage to demand more far-reaching and com- environment and 140
substance and authority. prehensive protective measures to improve the include explicit refer-
quality of the environment. Past experience shows ences to environmental
rights, see inter alia
Environmental protection in the Convention on that a right to a healthy environment can be a use-
Shelton (2009), p. 21,
the Rights of the Child (CRC) and other human ful corrective in the interplay of competing social and »An Analytical
rights instruments interests. Study on the Relation-
Very few of the global human rights instruments An important attempt to strengthen environ- ship between Human
contain explicit provisions on the environment. mental human rights at the UN level was made in Rights and the Environ-
ment«, Office of the UN
That is partly due to the fact that the Interna- 1994 by Fatma Zohra Ksentini, then Special Rap-
High Commissioner for
tional Bill of Rights (consisting of the Universal porteur on Human Rights and the Environment.
Human Rights (2011),
Declaration of Human Rights, the International She submitted a draft UN Declaration 7 that sum- §30.
Covenant on Civil and Political Rights, and the marizes the linkages between human rights and 7 Or Draft Principles on
International Covenant on Economic, Social and the environment, and on this basis proclaims the Human Rights and the
Cultural Eights) had already been worded when right to a »secure, healthy and ecologically sound Environment. The Dec-
laration was annexed
international environmental law started to develop. environment«. Unfortunately the declaration did
to Ksentinis final report
Most existing provisions in the human rights instru- not meet with the approval of the UN Human to the UN Sub-Com-
ments relate to the right to an adequate standard of Rights Commission (now Human Rights Coun- mission on Prevention
health. The Convention on the Rights of the Child 5 cil). However, the increasing awareness of the of Discrimination and
of 1989 raises environmental challenges in the spe- implications of climate change has revived inter- Protection of Minorities
(http://www.unhchr.ch/
cific context of child health and education (Article national interest in a better understanding of the
Huridocda/Huridoca.
24/29 CRC). relationship between human rights and environ- nsf/0/eeab2b6937bccaa
18025675c005779c3?
Opendocument).
UN Convention on the Rights of the Child
Art. 24 (2) CRC: »States shall pursue full drinking water, taking into consideration the
implementation of this right [health] and, in dangers and risks of environmental pollution.«
particular, shall take appropriate measures: Art. 29 (1) CRC: »States Parties agree that the
(c) To combat disease and malnutrition, education of the child shall be directed to:
including within the framework of primary (e) The development of respect for the natural
health care, through, inter alia, (...) the provi- environment.«
sion of adequate nutritious foods and clean
The right to a healthy environment in regional human rights instruments and national
constitutions
The African Charter on Human and People’s South African Constitution (1996)
Rights (1981)
Article 24: »Everyone has the right
Article 24: »All Peoples shall have the right to a (a) to an environment that is not harmful to
general satisfactory environment favourable to their health or well-being; and
their development.« (b) to have the environment protected, for the
benefit of present and future generations,
Additional Protocol to the American Conven- through reasonable legislative and other
tion on Human Rights in the Area of Eco- measures that
nomic, Social and Cultural Rights (1988) (i) prevent pollution and ecological degrada-
tion;
Article 11 (Right to a Healthy Environment): (ii) promote conservation; and
»(1) Everyone shall have the right to a healthy (iii) secure ecologically sustainable develop-
environment and to have access to basic ment and use of natural resources while
public services; promoting justifiable economic and social
(2) The States Parties shall promote the protec- development.«
tion, preservation, and the improvement of
the environment.«
8 See inter alia the mental protection. Since 2005 UN institutions have The UN Conference on Environment and Develop-
UN Secretary addressed the human rights impacts of environmen- ment (Earth Summit) in Rio de Janeiro in 1992 was
General’s report on
tal degradation in several resolutions and reports.8 a milestone in linking environmental and human
»Human rights and
the environment as In an analytical study on human rights and the rights protection. Governments for the first time
part of sustainable environment submitted to the UN Human Rights recognized that »environmental issues are best han-
Development« (2005). Council prior to its 19th session (2012), the UN High dled with participation of all concerned citizens«.
9 See note 4, §78. On Commissioner for Human Rights recommends Principle 10 of the Rio Declaration guarantees access
the basis of Human
that the Council devote more attention to global to information, participation in decision-making
Rights Council
environmental damage as one of »the pressing processes and access to justice in environmental
Resolution 16/11.
10 UN Human Rights human rights challenges facing humanity in the matters.11 The special role of children as agents of
Council Resolution twenty-first century.« 9 The Human Rights Council change in sustainability issues was underlined in
A/HRC/19/L.8/Rev.1: has now established a mandate for an Independ- Principle 21 of the Rio Declaration and then in chap-
http://ap.ohchr.org/ ent Expert on human rights and the environment, ter 25 of AGENDA 21.12
documents/alldocs.
inter alia, to explore »the obligations related to the Many environmental agreements concluded since
aspx?doc_id=19780
(accessed on April 14, enjoyment of a safe, clean, healthy and sustainable then have incorporated the procedural rights recog-
2012). environment«.10 nized in Rio. From the perspective of human rights
11 Rio Declaration on protection, however, the pertinent provisions must
Environment and Human rights in environmental and sustainability be regarded as insufficient insofar as they rarely go
Development.
policy beyond general terms, or allow only limited scope
12 AGENDA 21 was
the UNCED action
Like human rights law, the international envi- for participation, such as the access to information.
programme. ronmental and sustainability policy has long International environmental and sustainability policy
treated environmental degradation and violations still lacks a solid human rights foundation.
of human rights as unrelated issues. In fact, multi- The Earth Summit of 1992 was without doubt a
lateral environmental agreements still often focus landmark for linking environmental protection and
on »technical« problems rather than the negative children’s and human rights. Yet at the same time,
consequences for people affected by environmen- the Rio declaration reflects the reluctance of govern-
tal damage and their rights, i.e. they mostly favour ments – existing at the global level to this day – to
inter-governmental procedures over remedies for go beyond involving the public concerned and to
victims. guarantee substantive environmental rights or even
terre des hommes

campaign on
environmental child
rights: children call for
a healthy environment
the right to a healthy environment. This approach 13 See Johannesburg

was not changed by Rio+10, the World Summit on Declaration
on Sustainable
Sustainable Development in Johannesburg ,13 nor
Development (2002).
by Rio+20, the most recent conference on sustain- 14 See http://www.
able development. While the outcome document uncsd2012.org/
of Rio+20 contains references to a number of envi- thefuturewewant.html
ronment-related rights such as the right to health, (accessed on August
water, food, development and an adequate stand- 14, 2012).
ard of living, it still lacks a strong commitment to

human rights as the universally recognized norma-
tive framework for sustainable development.14
The global impact of climate change shows how
urgent it is to internationally recognize and legally
codify the relationship between human rights and
the environment. There is no more time to waste
in furthering the integration of environmental and
human rights protection under the umbrella of sus-
tainable development.
Rio Declaration of 1992 and AGENDA 21
Rio Declaration comprise nearly half the population. Furthermore, chil-

The creativity, ideals and courage of the youth of the world dren in both developing and industrialized countries are
should be mobilized to forge a global partnership in order highly vulnerable to the effect of environmental degrada-
to achieve sustainable development and ensure a better tion. They are also highly aware supporters of environ-
future for all (Principle 21). ment thinking. The specific interests of children need to
be taken fully into account in the participatory process on
AGENDA 21 environment and development in order to safeguard the
Children not only will inherit the responsibility of look- future sustainability of any actions taken to improve the
ing after the earth, but in many developing countries they environment (Chapter 25.12).
2. Environment-related child rights in the CRC
The best interests of the child
Art. 3(1) CRC asserts: »In all actions concerning children, When states come to determine the degree of environ-
(...) the best interests of the child shall be a primary con- mental protection, the best interests of the child must be
sideration.« This includes actions that indirectly impact on a guiding principle for decision-making.
children, e.g. related to the environment, as stated by the
UN Committee on the Rights of the Child in its General 1 General Comment No. 7 on Implementing Child Rights in
Comment on implementing child rights in early childhood.1 Early Childhood, §13b.
15 Report of the Office »While the universal human rights treaties do 2.1 The child’s right to life, survival and
of the UN High not refer to a specific right to a safe and healthy development (Article 6 CRC)
Commissioner for
environment, the United Nations human rights
Human Rights on the
treaty bodies all recognize the intrinsic link Every year three million children die of environ-
relationship between
climate change and between the environment and the realization of a mentally related illnesses.
human rights (2009), range of human rights, such as the right to life, to
§18. health, to food, to water, and to housing.« 15 The child’s right to life, survival and development
16 Along with the is so significant and fundamental for the enjoyment
principles of non-
Although ecological challenges play a subordi- of all other child rights that the UN Committee on
discrimination,
adherence to the nate role in the CRC itself – as it contains no the Rights of the Child has identified it as one of
best interests of explicit environmental rights – it is now widely the CRC’s four guiding principles.16 At the same
the child and the agreed that a healthy environment is a basic pre- time, »the right to survival and development can
right to be heard. condition for the enjoyment of a number of pro- only be implemented in a holistic manner, through
17 General Comment
tected child rights, indeed for the very right to life the enforcement of all the other provisions of the
No. 7 of the
(Article 6 CRC). Since many of the environmen- Convention, including rights to health, adequate
Committee on the
Rights of the Child tally related child rights depend on each other nutrition, social security, an adequate standard of
on Implementing for their realization, serious cases of environ- living, a healthy and safe environment, education
Child Rights in Early mental degradation generally have far-reaching and play (Articles 24, 27, 28, 29 and 31) […].« 17
Childhood, §10. consequences for the fulfilment of child rights as
Author’s emphasis.
a whole. It is the fundamental duty of all states
to protect the natural environment so that all
child rights can be fully enjoyed. Environmental
protection is child rights protection! The follow-
ing sections summarise child rights with a strong
environmental link, underlining their ecological
dimensions.
Shelter for young children: Mobile Creches, the Indian

project partner of terre des hommes Germany, takes care
of children to grow up healthy
The child’s right to life, survival and development 2.2 The child’s right to health 18 See, for example,
therefore requires the regulation or banning of the jurisprudence
on the child’s right
activities (e.g. industrial activities) causing such Every year approximately 1.5 million children fall
to life by the Inter-
poor environmental conditions that there is immi- prey to diarrhoeal diseases, mostly caused by
American Court of
nent danger to the life and development of chil- impure water. Human Rights in the
dren. However, Article 6 CRC serves not just to case of the »Street
guarantee the fundamental needs of children, but Children’s health largely depends on a healthy Children« (Villagrán
also to ensure conditions necessary for a decent environment, e.g. access to safe, potable water and Morales et al.): http://
www.corteidh.or.cr/
and dignified life and growing up in a safe environ- sanitation, and adequate food and housing. The
docs/casos/articulos/
ment.18 In fact, the child’s right to life, survival and right to health is thus also the primary reference seriec_32_ing.pdf
development raises the issue of quality of life: it point for environmental problems in the CRC. (accessed on May 28,
obliges States Parties to the CRC to guarantee the Article 24 (2c) expressly obliges states to consider 2012).
child’s survival and development to the maximum »the dangers and risks of environmental pollu- 19 More extensive study is
necessary to elucidate
extent possible. That is not the case, however, if e.g. tion« when combating diseases, undernourishment
the content of article
dangerous pesticides or toxic heavy metals found and malnutrition. Implementation of the principle
6 CRC, taking into
in the environment lead to lasting impairments of of non-discrimination requires that all children account also the
children’s ability to learn, or to growth disorders. have equal access to »safe environments« – as linkages between the
Furthermore, as a result of developments such as underlined by the UN Committee on Economic, right to life, survival
rapid urbanisation and environmental degradation Social and Cultural Rights (CESCR) in its General and development and
the environment.
fewer and fewer children have the opportunity to Comment on the Right to Health.20
20 General Comment
experience their natural surroundings in safety, The right to health is often equated with the No. 14 on the Right
thereby lacking access to one of the basic compo- right to medical care. It is therefore important to to Health, §22.
nents of a healthy development. remind states that, when fulfilling their human 21 Ibid. §§4 and 11.
Art. 6 CRC provides for special protection rights obligations, they must also take account of
against environmental damage, posing a general underlying determinants like a healthy environ-
and immediate threat to the life and development ment.21
of children.19 However, other protected child rights
can inform and strengthen policy-making in the
area of environmental protection in a more specific
way.
A General Comment on the right of the child to the enjoyment of the highest attainable standard of health
The UN Committee on the Rights of the Child is cur- V. states parties’ obligations, territorially and
rently working on a General Comment elaborating on extraterritorially
the child’s right to health as set forth in Art. 24 CRC. The Article 24.2 (c). The obligation to combat disease and
Comment will above all clarify the normative content of malnutrition, including within the frameworks of pri-
the child’s right to the enjoyment of the highest attainable mary health care , through, inter alia, the application of
standard of health along with the obligations of states, readily available technology and through the provision
and it will contain concrete measures to implement of adequate nutritious foods and clean drinking-water,
Art. 24. terre des hommes calls for appropriate considera- taking into consideration the dangers and risks of envi-
tion of the underlying environmental determinants of ronmental pollution.
children’s health with regard to the right’s normative con- …
tent, state obligations, implementing measures or actions, VII. priority concerns for the implementation of
and recommendations on indicators. The proposal on the children’s right to health
…
substantive scope and structure of the General Comment 3. The need to identify and address the underlying
focuses on the following aspects from the perspective of determinants of child and maternal health [e.g. a
environmental children’s rights: healthy environment].
…
2 www2.ohchr.org/english/bodies/crc/callsubmissionsCRC.htm 6. The urgency to address the impact of climate change
(accessed on March 5, 2012). on child health. 2
How chemical pollutants in the environment put the child’s right to health at risk!
Chemicals have become part of people’s life in modern ties. At the moment, a global mercury convention is being
societies. Nevertheless some 47,000 people die every year negotiated under the umbrella of the UN Environment
from acute poisoning caused by hazardous substances.3 Programme: the goal should be a complete ban on the use
Many more suffer from serious and life-threatening diseases of mercury! 6
linked to constant pollution through chemicals. Owing to 3 According to information from the UN Special Rapporteur on
their physical disposition, children are particularly threat- the human rights obligations related to environmentally sound
management and disposal of hazardous substances and waste
ened. Toxic chemicals considerably increase the risk of
(http://www.ohchr.org/EN/Issues/Environment/ToxicWastes/
children falling ill and can extremely impair their physical Pages/SRToxicWastesIndex.aspx, accessed on September 4, 2012).
and mental development (e.g. ability to learn). Since some 4 World Health Organisation (WHO) 2004: Guidelines for
chemicals do not easily degrade they remain in the environ- drinking water quality, p. 393
ment for a long time. Irresponsible management of chemi- 5 See inter alia Stockholm Convention on Persistent Organic
cals therefore also harms future generations. Pollutants, Rotterdam Convention on Prior Informed Consent
Procedure for Certain Hazardous Chemicals in International
Children in developing countries are particularly
Trade and the Basel Convention on the Transboundary
affected, since they are frequently exposed to substances Movement of Hazardous Wastes and their Disposal.
that have long been prohibited in developed nations. They 6 See www.unep.org/hazardoussubstances/MercuryNot/
may also be exposed to toxic waste imported from western MercuryNegotiations/tabid/3320/language/en-US/Default.aspx
states. Moreover they have little access to medical care or (accessed on May 28, 2012).
to justice when their rights are violated. There is a frequent

lack of necessary information about harmful and toxic sub-
stances. Product labels – if they exist at all – are rarely in
the local language and are not written in a child-friendly
way. Protective measures are hard to implement or ineffec-
tive, because financial and technical resources are insuf-
ficient. In such cases, the only solution is to ban hazardous
substances.
Problems with toxic chemicals often occur with the use
of pesticides. Pesticides are used in many areas of life and
can be imbibed from food, air, water etc. In many develop-
ing countries, highly dangerous pesticides are used both in
agriculture and also in controlling domestic pests, without
appropriate protection standards. Children are not only
particularly sensitive healthwise to toxic pesticides, they
also tend to have more »hands-on« contact with their terre des hommes campaign on environmental child rights:
immediate surroundings. The lack of ability to read and youths are invited to paint large-sized banners, e. g. against the
lack of judgement often leads them to absorb pesticides by use of dangerous pesticides
accident.
The use of heavy metals like lead or mercury continues
to constitute a great risk to health. Lead-based paint is used
in many developing countries to paint schools and houses,
along with toys, playground equipment or other products
with which children come into close contact. Even low
doses of lead can have serious repercussions on children’s
health. Small children absorb four to five times as much
lead as adults and keep it longer in their bodies.4 Mercury is
used for many domestic purposes but also for gold-mining,
thus potentially having serious repercussions for children
working in extractive industries.
A number of relevant multilateral environmental agree-
ments 5 regulate the risks caused by toxic and dangerous
substances but frequently do not place the people con-
cerned and their rights at the centre of state responsibili-
2.3 The child’s right to food 22 General Comment

No. 14 on the Right to
Health, §34 (CESCR).
About eleven million children die in developing
For health standards
countries each year, 60 percent of them of the see the different
consequences of poverty and malnutrition and guidelines of the WHO:
hunger-related diseases.24 www.who.int/en/
(accessed on May 28,
The child’s right to food can be derived from Arti- 2012).
23 Ibid. §51.
cles 24 and 27 CRC. It is implemented, » […] when
24 www.wfp.org/hunger/
[...] every child, alone or in community with oth- stats (World Food
ers, has physical and economic access at all times Programme, accessed
to adequate food or means for its procurement.« 25 on May 28, 2012).
Realising the right to food largely depends on 25 General Comment
preserving a healthy environment, its core content
Food, §6 (CESCR).
implying the »availability of food in a quantity 26 Ibid. §8.
sufficient to satisfy the dietary need of individu- 27 Ibid. §4
als, free from adverse substances, and acceptable 28 Economic, social
within a given culture«, according to the CESCR and cultural (child)
rights are generally
definition.26 This requires, inter alia, the adoption
characterised by
of appropriate »environmental« policies 27.
availability, quality,
The long-term availability of food for present access and (cultural)
and future generations depends on a sustainable appropriateness. The
use of resources (availability 28).29 The signifi- description of the
Primary health care provided in the Thai-Burmese cance of a sustainability policy in the area of food right to food and the
subsequent rights
border area supported by terre des hommes Germany: security is expressly underlined by the Voluntary
follows this set of
an appropriate treatment of diseases is essential for the Guidelines on the Right to Food published by the characteristics but
survival of children Food and Agriculture Organisation in 2004: confines itself to the
first three, which are
particularly relevant
to environmental
Brief overview of state obligations regarding
problems.
the environmental aspects of the child’s right
29 Ibid. §7. A further
to health argument for
sustainable food
Obligation to Respect security is that
States must refrain from unlawfully polluting air, food shortages put
additional pressure
water and soil, e.g. through industrial waste from
on the environment
State-owned facilities, and thereby interfering with the precisely in
underlying determinants of the child’s health.22 ecologically
fragile areas.
Obligation to Protect
States must prevent non-state actors from inter-
fering with the environmental dimensions of the
child’s right to health. For example, states should
adopt legislation or other measures to ensure that
corporations do not pollute air, water and soil and
thereby negatively impact on the underlying deter-
minants of child health.23
Obligation to Fulfil
States are obliged to undertake all appropriate
measures to fully realise the child’s right to health.
For example, states should reduce and remove exist-
ing environmental pollution and prevent environ- CYC, the Sambian project partner of terre des hommes
mental problems in the long-term (e.g. the use of Germany runs a shelter for neglected children: They
persistent pollutants). receive three meals per day
30 Voluntary Guidelines »States should consider specific national policies, Finally, the right to food guarantees that all
to Support the legal instruments and supporting mechanisms to children must have access to adequate food without
Progressive protect ecological sustainability and the carrying discrimination (access).
Realization of the
capacity of ecosystems to ensure the possibility for
Right to Adequate
Food in the Context increased, sustainable food production for present
of National Food and future generations, prevent water pollution,
Security, FAO, (2005). protect the fertility of the soil, and promote the
31 General Comment sustainable management of fisheries and forestry«
No. 12 on the Right
(Guideline 8 E).30
to Food, §10.
Food must also be of adequate quality to satisfy
children’s mental and physical health, growth and
development needs (quality). It must be »free from
adverse substances«. Food safety calls for a range
of public and private protective measures in order
to prevent the contamination of foodstuffs e.g.
through poor environmental hygiene.31
Child rights in environmental education
Art. 24 (2) e CRC: »States Parties [...] shall take appropriate Art. 29 (1) CRC: »States Parties agree that the education
measures: to ensure that all segments of society, in par- of the child shall be directed to: (e) The development of
ticular parents and children, are informed, have access to respect for the natural environment.«
education and are supported in the use of basic knowledge Education plays a fundamental role in the realisation
of child health and nutrition, the advantages[...] of hygiene of environment-related child rights. Access to education
and environmental sanitation [...].« and support in the use of basic knowledge of the advan-
tages of hygiene and environmental sanitation is an inte-
School children in Vietnam: environmental education is a very gral part of the right to health in article 24 CRC. Likewise,
important requirement to understand the impact of pollution the implementation of other environmental-related rights
requires educational measures, such as »[...] appropriate
education concerning [...] protection of water sources and
methods to minimize water wastage«. 7
What is more, the Convention on the Rights of the
Child of 1989 lays down important standards for promot-
ing a stronger environmental awareness by recognising
that »[t]he development of respect for the natural envi-
ronment« is a central aim of education (Article 29 (1)
e). The degree of significance in the CRC is shown by a
comparison from legal history: Respect for nature as an
educational aim was non-existent in the ICESCR of 1966
(see Article 13 (1)). The provisions of the CRC may thus
be understood as an important normative basis of a trans-
formed global awareness, without which it would seem
impossible to cope with local and global ecological chal-
lenges facing humanity in the twenty-first century. Envi-
ronmental education must not stop at the mediation of
knowledge of a changing environment; it should empower
children to instigate change towards an ecologically and
socially sustainable life model. The CRC provides a legal
basis for this!
7 General Comment No. 15 on the Right to Water, §25.

Brief overview of state obligations regarding the There are still

environmental aspects of the child’s right to food: 1,5 million children
every year who die
Obligation to Respect as a result of impure
States must not interfere with the access to natural water: Clean water is
resources if children depend on these for secure a basic precondition
food supply. for a healthy life
Obligation to Protect
States are required to prevent non-state actors,
e.g. corporations from violating the child’s right to
adequate food. For example, states should adopt
measures to ensure that contaminants from industrial
or agricultural processes, including residues from pes-
32 Ibid. §15. See also the
ticides or heavy metals, do not jeopardize children’s FAO’s Right to Food
access to food of adequate quality necessary to satisfy Guidelines.
their physical and developmental needs. 33 http://www.unicef.org/
media/media_21423.
html (accessed on May
Obligations to Fulfil
28, 2012).
States are obliged to take appropriate steps to
34 Resolution 64/292
strengthen the long-term food security of all chil- of the UN General
dren. That presupposes, inter alia, monitoring the Assembly: www.
exploitation of natural resources and teaching un.org/en/ga/64/
adults and children to use available resources sus- resolutions.shtml
tainably.32
2012).
35 See, inter alia, General
that constitute a threat to the child’s health.38 Comment No. 7 (Child
After all, water contamination is the main cause Rights Committee),
2.4 The child’s right to water and sanitation of illnesses and children are particularly vulner- §27a.
36 General Comment
able due to their weak immune systems.39 When
No. 15 on the right to
Every day 6000 children die as a result of illnesses deciding on their water-policy, i.e. when develop-
water (CESCR), §2.
caused by unclean water and poor sanitary condi- ing national standards and measures to implement 37 Ibid. §12a. See also
tions 33 them, states must give priority to children’s par- Howard, Guy/Bartram,
ticular sensitivity to harmful environmental sub- Jamie (2003).
Water is a vital resource. The international commu- stances – as required by the best interest principle 38 Ibid. §12 b. That
includes from
nity finally affirmed that every person has a right in Article 3 CRC.40
chemical substances
to water in 2010 with the adoption of resolution The adequacy of water in terms of availability or radiation.
64/292 in the UN General Assembly.34 The child’s and quality must be ensured in a sustainable man- 39 WHO (2004), p. 1.
right to water can be derived from Articles 24 and ner. The CESCR has therefore stressed that the 40 Ibid.
27 CRC.35 It entitles every child »to sufficient, safe, steps to fulfil the right to water must be designed 41 General Comment
acceptable, physically accessible and affordable such that this right can be realised by present
Water (CESCR), §11.
water for personal and domestic use«.36 The reali- and future generations.41 Something that is often 42 See Winkler, Inga
zation of the right to water thus depends in various neglected or taboo for cultural reasons is that (2011): »Lebenselixier
ways on a healthy environment. children also have a right to sanitation. Just like und letztes Tabu.
Water must be available to children in adequate the right to water, the right to sanitation was offi- Die Menschenrechte
quantities for their personal and domestic use cially recognised by the UN General Assembly auf Wasser und
Sanitärversorgung«,
(availability). That generally covers water for in 2012 and is closely linked to it. Access to clean
Deutsches Institut
drinking, washing and food preparation, along water is strongly dependent on the existence of für Menschenrechte
with water for personal and household hygiene. adequate sanitation facilities. Without safe latrines (http://www.institut-
The minimum amount of water available should or disposal systems excreta or wastewater gets into fuer-menschenrechte.
correspond to the guidelines of the World Health sources of drinking water, so that child health and de/uploads/
tx_commerce/essay_
Organisation.37 hygiene is not guaranteed. Hence, children must
lebenselixier_und_
The qualitative aspects of the right to water are have access to a sufficient number of culturally letztes_tabu_01.pdf
strongly linked to the environment (quality). Avail- acceptable, hygienically and technically safe sani- (accessed on May 28,
able water must be safe, i.e. free from substances tation facilities, above all in schools.42 2012).
43 General Comment The realization of the right to water and sanitation • reducing and eliminating contamination of
No. 15 on the Right to requires that all children have actually access to watersheds and water-related eco-systems by
Water. §23 and 44b.
clean water and sanitation facilities (accessibility). substances such as radiation, harmful chemicals
44 Ibid. §§16b, 25 and 28.
That is not the case in many developing countries, and human excreta;
because safe water sources are often hard and far • monitoring water reserves;
to reach. For many children, above all girls, access • ensuring that proposed developments do not
to clean water and sanitation facilities is therefore interfere with access to adequate water;
linked to great risks. • assessing the impacts of actions that may
impinge upon water availability and natural-
Brief overview of state obligations regarding ecosystems watersheds, such as climate
the environmental aspects of the child’s right to changes, desertification and increased soil
water and sanitation salinity, deforestation and loss of biodiversity;
• increasing the efficient use of water by end-
Obligation to Respect users;
States must not prevent children from gaining • reducing water wastage in its distribution;
access to natural sources and sanitary facilities • response mechanisms for emergency situations;
on which they depend for a clean water supply. • provision of adequate water to educational
institutions as a matter of urgency;
Obligation to Protect • appropriate education concerning the hygienic
States are required to pass and enforce laws to use of water, protection of water sources and
restrain non-state actors, e.g. corporations from methods to minimize water wastage.44
denying equal access to adequate water or from
polluting and inequitably extracting from water
resources, including natural resources.43
Obligation to Fulfil
States should, inter alia, adopt a sustainable
water policy, ensuring that there is sufficient and
safe water for present and future generations.
According to the CESCR this may include:
• reducing depletion of water resources through
unsustainable extraction, diversion and
damming;
Drinking water quality in developing countries:
In 2009 Catarina de Albuquerque, the UN Special Rap- tions is particularly problematic. They easily seep through
porteur on the human right to safe drinking water and the soil and contaminate the ground water. Long-time
sanitation, visited Costa Rica and gave an account on pollution with pesticides may lead to children having
typical problems of water treatment and monitoring serious health problems and developmental disorders. In
in developing countries. The UN expert indicated that the Siquirres community, 6000 people had to be supplied
only 20.7 percent of water sources in Costa Rica were with water from mobile tanks for long periods due to soil
regularly checked and the control of water quality was contamination. The situation led to serious social con-
limited to measuring bacterial contamination. Studies flicts in the community.
prove, however, that water pollution is primarily caused
by industrial and agricultural development, while fae-
cal contamination no longer constitutes a risk in Costa
Rica. At the time of the special rapporteur’s visit there 8 Report of the Independent Expert on the Right to Water
was also a lack of effective regulation on maximum and Sanitation in Costa Rica (2009), §§ 43-45 (www2.ohchr.
admissible doses of toxic substances in potable water. org/english/bodies/hrcouncil/docs/12session/A-HRC-12-24-
The use of pesticides like Bromazil on pineapple planta- Add1_E.pdf, accessed on May 28, 2012).
The right to water and sanitation shows how vital a also depends directly on water quality: untreated 45 See WHO Guidelines
healthy environment is for children. After all, clean (industrial) wastewater, used for agriculture, can for the Safe Use of
Wastewater, Excreta
water is also an essential determinant for the reali- have considerable effects on the quality of food
and Grey Water.
sation of other environmentally-related child rights. and thus on children’s health. Food-chain transfer Vol.2: Wastewater in
The CRC understands the provision with clean is the primary route of exposure to toxic pollutants Agriculture, pp. 55
drinking water to be a necessary measure for com- in the wastewater.45 and 73.
bating disease and under-nourishment and, in this
context, expressly points to the dangers and risks of
environmental pollution (see 2.2). The right to food
Realising environmental rights for all children: extraterritorial obligations
The realisation of children’s rights is primarily a domes- 3. fulfil economic, social and cultural rights of persons
tic obligation, but at the same time states also have an outside their territories, including through cooperation
international duty to give effect to children’s rights. There in matters relating to environmental protection and
are two important reasons for this, ecologically speak- through international assistance11 (duty to fulfil).
ing: first, environmental degradation frequently crosses
borders (e.g. air or water pollution); its consequences are Likewise in 2011 the UN Secretary-General’s Special Rep-
thus also felt by people in other countries. In this context resentative, John Ruggie, submitted his Guiding Principles
climate change poses a special challenge: It is primarily on Business and Human Rights. They determine, inter alia,
caused by industrialized nations – and meanwhile also that corporations, independently of state obligations, have
by many emerging economies – but its consequences a responsibility to respect human rights through their own
mostly hit poor people in developing countries. The rel- »due diligence«. The Guidelines are applicable to transna-
evance of international human rights obligations can be tional corporations.12 The role of the business sector will
shown in another respect as well. Economic globalisa- also be the topic of a General Comment soon to be issued
tion has led to transnational activities of more and more by the UN Child Rights Committee. Given the tremendous
private companies. This also raises the risk of their caus- impact business enterprises can have on the environment
ing considerable environmental pollution abroad. Unfor- and thus on a number of child rights dependent on pre-
tunately economic globalisation is being supplemented serving a healthy environment, the GC should duly take
only gradually by legal globalisation. In many developing account of states’ (extraterritorial) obligations with regard
countries human rights violations by foreign companies to transnational corporations.13
are not pursued because there are only weak structures
for the rule of law or there is a lack of political will to 9 The Maastricht Principles on Extraterritorial Obligations of
prosecute offenders. States in the area of Economic, Social and Cultural Rights:
There have been increasing efforts in the last few www2.lse.ac.uk/humanRights/articlesAndTranscripts/2011/
years to specify the international obligations of states in MaastrichtEcoSOc.pdf (accessed on May 25, 2012).
greater detail. In 2011, a group of international human 10 To specify and underpin extraterritorial human rights obli-
rights experts presented (soft law) Principles on Extrater- gations we can also resort to international environmental
ritorial Obligations of States in the Area of Economic, principles, e.g. the state obligation to ensure that activities
Social and Cultural Rights.9 Accordingly states have, within its jurisdiction or control do not cause damage to the
separately and jointly, the obligation to environment of other states. This »Do no Harm Principle« is
enshrined in Principle 21 of the Stockholm Declaration of 1972.
1. refrain from conduct which, directly or indirectly, 11 See e.g. Article 4 and 24 (4) CRC and General Comment No.
nullifies or impairs the enjoyment and exercise of eco- 5 on General Measures of Implementation for the Convention
nomic, social and cultural rights of persons outside on the Rights of the Child, §§7 and 60 ff.
their territories (duty to respect); 12 Guiding Principles on Business and Human Rights: Imple-
2. ensure that non-state actors do not nullify or impair menting the United Nations ‘Protect, Respect and Remedy’
the enjoyment of economic, social and cultural rights Framework: http://www.ohchr.org/Documents/Issues/
of persons extraterritorially, e.g. transnational cor- Business/A-HRC-17-31_AEV.pdf (accessed on May 28, 2012).
porations and other business enterprises which they 13 See first draft of the upcoming GC: http://www2.ohchr.org/
»are in a position to regulate« (duty to protect);10 english/bodies/crc/callsubmissionsCRC_BusinessSector.htm.
46 State of the World’s 2.5 The child’s right to housing a lack of ventilation.51 The adequacy of housing
Children Report (2005). is, moreover, determined by its location. Hous-
47 General Comment
About 640 million children in developing countries ing must not be built in polluted areas harmful or
grow up in unhealthy living conditions. That is threatening to children’s health, e.g. on contami-
Adequate Housing
(CESCR), §7. every third child! About two million children under nated site or near sources of pollution such as
48 Ibid. §8b. five die of fatal respiratory diseases resulting from insecure disposal sites or industrial plants.52 The
49 Ibid. §8f. The CESCR unhealthy environmental conditions, e.g. open fire availability of adequate housing is not much use
requires states parties and smoke in closed rooms.46 to children, of course, if they either have no access
to apply the »Health
to it or not a minimum of legal security of tenure
principles for housing«
devised by the WHO The child’s right to adequate housing derived from (access/legal security of tenure). Often the place
in order to guarantee Article 27(3) CRC should not be interpreted nar- of residence is what decides whether children
adequate housing: rowly. It guarantees more than »having a roof over can expect to have adequate housing. Many poor
http://whqlibdoc.who. one’s head« and views shelter not just as a com- children in developing countries live in informal
int/publications/1989/
modity. Every child has »the right to live some- settlements or slums, erected without planning and
9241561270_eng.pdf
where in security, peace and dignity«.47 Whether – because of their precarious location, poor hous-
2012). housing for children is adequate from an environ- ing quality and lack of infrastructure – are particu-
50 Respiratory illnesses mental point of view depends on different aspects. larly vulnerable to environmental problems. With
are among the most Housing must first of all contain facilities essential flooding, landslides and other ecological disasters,
frequent causes of for the child’s health, security and welfare (avail- slums are among the most unsafe places and chil-
death of children.
ability). This involves basic infrastructure such as dren among the most frequent victims.53 The costs
See UN High
Commissioner for sustainable access to natural resources, clean drink- of adequate housing are much too high for many
Human Rights/UN ing water and sanitation facilities and orderly efflu- families so that they have to put up with makeshift
Habitat 2009, p. 26/27. ent and refuse disposal.48 accommodation.
51 The WHO has Housing quality is a key element for protect- It is also important for children to have a mini-
published specific
ing children from existing environmental threats mum degree of tenure security, so that they are
guidelines for indoor
air quality (2010)
to their health (habitability).49 In many develop- protected e.g. against forced resettlements or other
taking into account ing countries, however, the opposite is the case, threats.54 Slum children are frequently denied
the susceptibility indoor pollution being one of the greatest risks to access to important basic infrastructure like sanita-
of children: http:// children’s wellbeing.50 It is caused, e.g. through tion precisely because their residential status is not
www.euro.who. the use of lead-containing paint or asbestos. Often recognised. The principle is: where people live in
int/__data/assets/
poor indoor air quality results from open fires and security they are usually more sparing with their
pdf_file/0009/128169/
e94535.pdf (accessed smoke, compounded by low-quality stoves and natural environment!
on May 28, 2012).
52 General Comment
Adequate Housing, §8f.
53 See State of the
World’s Children
Street pesticides
Report 2012, Executive
Summary, p. 8 When humans live in poor, cramped condi- bottles and then advertised as effective rem-
(http://www.unicef. tions their houses, flats or huts are often in a edies for domestic use. Street vendors sell the
org/sowc2012/, very poor state – not to speak of the attached pesticides either pre-mixed for sale or they
accessed on May 28,
sanitation facilities and waste disposal systems. manufacture the products from concentrates
2012).
54 General Comment Under such circumstances, vermin can cre- and sell them directly as such. The goal is to
No. 4, §8a. ate considerable problems: rats, cockroaches, sell pesticides that work fast and well. This is
bugs etc. transmit disease, eat and contaminate shown, e.g. by the street name of the pesticide
food, bite people – often sleeping children – Aldicarb for poisoning rats. It is called »Two
and thereby worsen their situation which is steps«, because after imbibing the poison the
bad enough. In poor quarters this has led to a rat can only take two steps. The pesticides are
high demand and a lucrative market for toxic sometimes highly toxic – above all, for chil-
»street pesticides«, and thus to many cases dren. They are frequently stored openly and are
of poisoning. Street pesticides are sold by accessible under the bed or in the kitchen. Due
informal dealers. They are mainly pesticides to their consistence they can easily be mistaken
permitted for use in agriculture, but bottled for flour or milk.
in small containers like lemonade or alcohol
Shanty town in Davao,

Philippines: Millions
of families have to
cope with unhygienic
and unsafe living
conditions
For children the »environmental« adequacy of Brief overview of state obligations regarding 55 »Human Rights and
housing is enormously important. It does not just the environmental aspects of the child’s right to the environment as
part of sustainable
promote their health but constitutes a precondi- adequate housing
development«, UN
tion for success at school and children’s overall General Secretary
wellbeing. After all, children spend a large part of Obligation to Respect 2005, §14.
their time at or near their homes. The former UN States must not arbitrarily intervene in children’s 56 General Comment
Special Rapporteur Miloon Kothari pointed out rights to adequate housing, e.g. by denying cer- No. 4, §11.
repeatedly that from a human rights perspective tain groups such as slum dwellers a legally secure
housing cannot be separated from other aspects tenure and thus access to basic services that offer
of sustainable development, e.g. a clean, healthy protection to environmental health risks.
environment. As Kothari succinctly put it, »[...] the
realisation of the right to adequate housing loses Obligation to protect
its meaning unless processes are put into place to States must guarantee that the child’s right to ade-
ensure that people and communities can live in quate housing is not violated by non-state actors
an environment that is free from pollution of air, (e.g. land- or house-owners or corporations).
water and the food chain.« 55 States should, amongst other things, adopt legisla-
tion or other measures to ensure that third parties
do not produce unhealthy and inappropriate living
conditions along with the guarantee that the sup-
ply of basic services by private corporations does
not undermine the availability, quality or accessi-
bility of adequate housing.
Obligation to fulfil
Using their available resources, states must guaran-
tee supplies of basic services, e.g. refuse disposal.
When guaranteeing the right to adequate housing
it is important to give priority to children in gen-
eral and groups of children who are particularly
vulnerable (e.g. slum children).56
57 See the latest HRC 2.6 Future prospects: More environmental year 175 million children will be hit by weather
Resolution (18/22) on protection through a child right to a and climate change disasters in the next ten years
climate change and
healthy environment? alone.58 Climate change ensures that droughts,
human rights: http://
floods and other extreme weather phenomena will
www.ohchr.org/EN/
Issues/HRAndClimate The environment-related rights enshrined in the increase and become more intensive. It has con-
Change/Pages/ CRC can protect children from harmful environ- siderable repercussions on children’s food security
HRClimateChange mental effects that impact directly on some of and health, their access to water, their housing sit-
Index.aspx (accessed their fundamental needs. This way they guarantee uation and thus on the realisation of their rights.59
on May 28, 2012).
that basic elements of a »healthy« environment Poor children in developing countries are particu-
58 Compared with
125 million between are fulfilled. But none of the child rights articles larly affected because the securing of their liveli-
1995 and 2005. guarantee a specific environmental quality or lay hoods depends on climate-sensitive resources to
See »Legacy of down environmental protection as a state objec- an above-average degree. At the same time, they
Disasters«– The tive. That limits the status and scope of child and their families lack the financial and technical
impact of climate
rights-based environmental protection, i.e. based capacities to protect themselves from the impact
change on children,
on the provisions of the CRC. The same applies to of climate change. The effects of climate change
Save the Children,
pp. 1 and 4 (http:// other global human rights treaties. thus reinforce existing poverty of children.60
www.savethechildren. At the same time it is clear that global environ- In an ecological sense this can lead to a
org.uk/resources/ mental damage is one of the greatest challenges to vicious circle, since those affected are often forced
online-library/ human rights in the 21st century. Climate change to overuse existing natural resources in order to
legacy-of-disasters-
is of particular relevance in this respect. The UN cope with the consequences of weather disas-
the-impact-of-climate-
change-on-children, Human Rights Council has pointed this out on ters. Climate change also impacts indirectly on
accessed on May 28, several occasions.57 Predictions assume that every the realisation of child rights. Frequently climate
2012).
59 See e.g. Resolutions
6/27 and 16/11 of the
UN Human Rights
Council.
60 Report of the Special The child’s right to play and leisure and recreational activity (Article 31 CRC)
Rapporteur on the
Right to Adequate Children need the opportunity to engage in play
Housing (2008), and leisure and recreational activities in order
§§31-38 (www.ohchr.
to develop and blossom. The CRC’ States Par-
org/EN/Issues/
Housing/Pages/ ties therefore recognise these basic components
AnnualReports.aspx, of a healthy childhood as distinctive rights and
accessed on May 28, are required to encourage the »provision of
2012). appropriate and equal opportunities for [...]
recreational and leisure activity« (Article 31(2)).
The realisation of the right to play, leisure and
recreation is only possible in a healthy and safe
environment. Hence, Art. 31 CRC should always
be interpreted in light of the right to adequate
housing and other environment-related rights.
In urban centres, in particular, children fre-
quently find housing and living conditions char-
acterised by cramped quarters and pollution,
and hardly any space for safely playing games To ensure the children’s right to play leisure and
or recreation.14 And: By 2020 some 1.4 billion recreational activities children have to find a suitable
people will live in informal settlement or slums environment: Playing children in a shanty town near
and by 2050 seven out of en people will live in the capital of Mozambique, Maputo.
cities! 15 When drafting its upcoming General
Comment on Art. 31, the UN Committee on the
Rights of the Child should duly take account
14 State of the World’s Children Report 2012, Executive
of the living and environmental conditions Summary, p. 3 (http://www.unicef.org/sowc2012,
essential for children to be able to exercise their accessed on May 28, 2012).
rights to play, leisure and recreation. 15 Ibid. p. 1-2.
Environmental justice for all future generations
Anyone who calls for protecting children’s rights in the all, future generations have a right to an environment that
context of serious environmental degradation often has is free of serious irrevocable damage of the kind currently
the best interests of all future generations in mind. That is being observed in respect to climate change, the loss of bio-
because the children of today will have to live in the world diversity, radioactive contamination or the use of persistent
of tomorrow. The rights of future generations play little role pollutants. Otherwise their chances of a self-determined
in current politics and business thinking, unfortunately, and dignified life will be drastically reduced.
and their voices generally go unheard. Doing justice to the
future means, however, giving appropriate consideration to
future generations in the decisions of today’s generation. declaration on the responsibilities of the present
For intergenerational equity to be preserved, the following generations towards future generations (1997)
principles must be respected:
article 4 – preservation of life on earth:
1. Each generation should be required to conserve the
The present generations have the responsibility to bequeath
diversity of the natural and cultural resource base, so
to future generations an Earth which will not one day be
that it does not unduly restrict the options available to
irreversibly damaged by human activity. Each generation
future generations in solving their problems and satis-
inheriting the Earth temporarily should take care to use
fying their own values, and should also be entitled to
natural resources reasonably and ensure that life is not
diversity comparable to that enjoyed by previous gen-
prejudiced by harmful modifications of the ecosystems and
erations (conservation of options).
that scientific and technological progress in all fields does
2. Each generation should be required to maintain the
not harm life on Earth
quality of the planet so that it is passed on in no worse
condition than in which it was received, and should article 5 – protection of environment:
also be entitled to planetary quality comparable to that 1. In order to ensure that future generations benefit from
enjoyed by previous generations (conservation of qual- the richness of the Earth’s ecosystems, the present gen-
ity). erations should strive for sustainable development and
3. Each generation should provide its members with equi- preserve living conditions, particularly the quality and
table rights of access to the legacy of past generations integrity of the environment.
and should conserve this access for future generations 2. The present generations should ensure that future gen-
(conservation of access).16 erations are not exposed to pollution which may endan-
ger their health or their existence itself
In the last few decades the interest and needs of future gen- 3. The present generations should preserve for future
erations have penetrated numerous relevant environmental generations natural resources necessary for sustaining
and human rights documents. They are established in the human life and for its development
CRC through the best interest principle17 and an integral 4. The present generations should take into account pos-
part of the concept of sustainable development. The Rio sible consequences for future generations of major
Declaration (1992), in particular, contains an important projects before these are carried out
commitment to the principle of intergenerational justice. …
Principle 3 states: article 11 – non-discrimination:
The present generations should refrain from taking any
»The right to development must be fulfilled so as to
action or measure which would have the effect of leading
equitably meet developmental and environmental needs
to or perpetuating any form of discrimination for future
of present and future generations.«
generations.
In 1997 the responsibility of the present generations
towards future generations was summed up in a UNESCO
declaration, having regard, inter alia, to the CRC. It cov-
ered all the different aspects of a just policy towards com-
ing generations: environmental protection; preserving bio-
logical and cultural diversity; education; development and
peace. At the political level the UNESCO declaration has
hitherto met with little response.
The fact that future generations still lack a proper rep-
resentation of their interests is due both to the lack of legal
authority of existing commitments and also the lack of 16 These three basic principles of intergenerational equity were
proposed by Edith Brown Weiss (1990).
effective implementation and accountability mechanisms.
17 The CRC even stipulates that in all actions concerning children
The goal must be to finally end discrimination against the best interests of the child shall be a primary consideration.
future generations and their needs in the form of legally Legally speaking, however, this claim is only applicable to
guaranteed rights and other institutional safeguards. After children already born.
Large-scale
deforestation damages
the environment:
Forests are lost as
carbon dioxid store,
heavy rain leads
to landslides and
new land is used
for monoculture
61 Ibid. §38. See also the

Special Rapporteur’s
annual report of
2009 with a focus
on climate change,
§21, and the UN
Basic Principles
and Guidelines
on Development-
Based Evictions and protection measures or other forms of disaster pre- the draft has not been supported at the UN level to
Displacement: www2.
vention lead to displacements and forced evictions. this day. However, the UN High Commissioner for
ohchr.org/english/
Families thereby often lose their access to natural Human Rights affirms in its latest analytical study
issues/housing/docs/
guidelines_en.pdf resources. Displacements have particularly serious on the relationship between human rights and the
(accessed on May 28, consequences for children, because family stability, environment (2011) that the recognition of a gen-
2012). their livelihoods and their rights to education and eral right to a healthy environment must at least be
62 In the literature a health are threatened.61 taken into account in view of existing global envi-
number of adjectives
Severe environmental problems such as climate ronmental problems. The right to a healthy environ-
are used to describe
the environmental change, but also the loss of biological diversity, per- ment is already entrenched in human rights instru-
quality to be sistent pollutants and the ruthless exploitation of ments at the regional level and in many national
protected, e.g. resources are largely due to a global development constitutions. Experience shows that it may protect
safe, clean, secure, model that is primarily based on economic growth social interests or rights that have hitherto not been
ecologically sound
and subordinates all other social and ecological given due legal respect.
or ecologically
balanced. We use
interests to it. The model produces deeply unjust
the term »healthy« consequences, primarily for children living in pov- The right to a healthy environment
environment. erty and for all future generations. In the debate • strengthens environmental protection towards
63 See Principle 3 of over new development paradigms, the international other social – above all economic – interests
the Rio Declaration recognition of a (child’s) right to a »healthy« 62 (e.g. exploitation of natural resources), in that it
or the UN report on
environment constitutes a possible response to the recognises the fundamental value of the environ-
»Climate Change
and the Right to pressing human rights challenges arising from glo- ment as the condition for life. For a long time
Development« by bal environmental harm. development has been equated too strongly with
Marcos Orellana As early as 1994, the former UN Special Rap- economic growth. Comprehensive development,
(2010), §11. porteur Fatma Zohra Ksentini submitted a draft as foreseen by the right to development, is a mul-
(www.ciel.org/
declaration on human rights and the environment, tidimensional process with economic, political,
Publications/Climate_
Development_Jan10.
featuring the right to a secure, healthy and ecologi- social, cultural and environmental elements;63
pdf, accessed on cally sound environment, also taking account of • expresses a broad public (collective) interest: our
May 28, 2012). the interests of future generations. Unfortunately earth and the natural resource base are a global
common that is to be protected in the name of 64 One example is

the whole of society. Behind single environmen- SERAC vs. Nigeria,
in which the African
tal rights violations there frequently lie socially
Commission on
far-reaching forms of environmental destruction
Human and Peoples’
such as deforestation or the contamination of Rights defined the
whole rivers and territories, which call for com- states’ obligations
prehensive solutions; regarding the
• underlines the obligation to protect natural right to a »general
satisfactory«
resources in a sustainable manner along with
environment in
the maintenance of biodiversity and important Article 24 of the
ecosystems; to date, calls for such measures African Charter of
have had recourse to human rights to only a Human and Peoples’
limited degree; Rights by reference
to international
• reaffirms the application of environmental
environmental law:
agreements, declarations, principles, (e.g. pre-
http://www.achpr.
cautionary principle), standards (e.g. WHO org/communications/
guidelines) and »good practices« in giving decisions/155.96/
substance to the environmental dimensions of (accessed on May 28,
human rights and corresponding state obliga- 2012).
65 See Constitution
tions;64
of Norway, § 110b
• offers scope for recognising the interests and (http://www.
needs of future generations. States like Bolivia stortinget.no/
or Norway mostly place the rights of future en/In-English/
generations in the context of a general right to About-the-Storting/
The-Constitution/
a healthy environment, thereby adding to the
The-Constitution/),
idea of human rights an additional dimension of or Constitution of
inter-generational justice;65 Bolivia, Article 33
• strengthens the intrinsic value of nature that is (http://www.oas.org/
worthy of protection for its own sake. This aim juridico/spanish/
is expressed in the World Charter for Nature mesicic3_blv_
constpolitica.pdf).
(1982) and the Convention on the Rights of the
Child.
Draft Declaration of Human Rights and the Environment (1994)
Article 2: All persons have the right to a secure, of present generations and that does not
healthy and ecologically sound environment. impair the rights of future generations to meet
This right and other human rights, including equitably their needs.
civil, cultural, economic, political and social
rights, are universal, interdependent and indi- Article 21: All persons, individually and in
visible [...]. association with others, have a duty to protect
and preserve the environment.
Article 4: All persons have the right to an envi-
ronment adequate to meet equitably the needs
3. Strengthening accountability for environmental child rights
66 Civil society naturally Rights for children are merely of symbolic value legal remedies. This is also implicit in the CRC, as
plays a special role as as long as states do not have to be accountable expressly emphasised by the Child Rights Commit-
a watchdog.
for their implementation. For legal instruments to tee.67 It covers all rights, including the economic,
67 General Comment
No. 5 of the Child
become reality, there have to be opportunities to social and cultural child rights that are particularly
Rights Committee, monitor compliance with domestic and interna- relevant to environmental problems.68 Yet due
§24. See also General tional obligations. Children need e.g. access to legal to their special and dependent status, children
Comment No. 9 of the remedies when their rights are violated. However, continue to find it difficult to pursue remedies for
CESCR, §10. child rights can also be monitored by parliamentary breaches of their rights.69 Child rights violations
68 General Comment
oversight or administrative procedures if they are are rarely dealt with by courts and the children
No. 5 of the Child
Rights Committee, transparent, impartial, accessible and effective.66 affected thus remain without reparation. It is abso-
§25. In many countries important monitoring tasks are lutely essential for states to pay particular attention
69 Ibid. §24. assumed by independent national human rights to making complaint procedures accessible for all
institutions (e.g. Ombudspersons). children taking account of their specific needs. That
A number of human rights treaties stipulate primarily concerns the availability of child-friendly
that everyone whose rights are violated, including information and sensitive procedures, as well as
the child, has a right to access administrative or legal assistance, advice and advocacy, including
Ombudspersons for future generations
The protection of environmental children’s rights and the overcome the short-term orientation of policy-making and
rights of future generations calls for farsightedness and to agree to this proposal. Instead the UN Secretary Gen-
sustainable solutions, yet in politics and business often eral has been invited to present a report to consider how
only short-term interests and needs are what count. At the to take into account the needs of future generations.20
same time, many of today’s political institutions are not up terre des hommes will support this process and continue
to the challenges posed by sustainable development: eco- to pursue the establishment of Ombudsperson for future
nomic, social and environmental policy decisions are too generations at different levels, locally, nationally and glo-
often taken in isolation from one another, although their bally. Many violations of the rights of future generations
impacts are also to be felt in other social fields. In cases of have taken on global dimensions (e.g. climate change)
doubt, environmental policy objectives and sustainability or are deeply rooted in the international political or eco-
considerations take a back seat to economic goals, because nomic system (e.g. resource exploitation), so that solutions
social wellbeing is equated with growth and environmental can only be found at the international level. At the same
protection with costs. In order to create a counterbalance time it is important to create Ombudsperson offices that
to the predominant short-term mindset, some countries are accessible for those concerned, particularly children,
have established Ombudsperson for future generations. For where they live and have expertise – i.e. at the national
example, in 2007 the Hungarian parliament created a par- and local level.
liamentary commissioner to protect the »right to a healthy
environment« for present and future generations.18 He
examines legislative proposals and monitors policy develop-
ments in different policy areas to ensure that they cause no
serious and irrevocable environmental damage. The man-
date further includes issuing policy recommendations and
making statements to government bodies; receiving com-
plaints and mediating between parties; calling for informa-
tion and initiating investigations, and also ordering that an
administrative action be stopped, or bringing controversial
cases to court.19 18 Source: http://jno.hu/en/ (accessed on May 28, 2012).
A number of civil society organisations, including terre 19 See World Future Council (2010): Guarding our Future –How to
include future generations in policy making, pp. 10–11.
des hommes, proposed the creation of Ombudsperson for
(www.worldfuturecouncil.org/fileadmin/user_upload/PDF/
future generations at the UN Conference on Sustainable brochure_guardian3.pdf, accessed on May 28, 2012).
Development (Rio+20) in June 2012. Despite strong sup- 20 See Rio+20 outcome document »The Future We Want«, § 86
port from many sides, some governments were unable to (http://www.uncsd2012.org/thefuturewewant.html).
s upport for self-advocacy. The creation and design One problem still existing regarding the justiciabil- 70 See Article 2 of the
of legal remedies must be guided by the principle ity of environmental children’s rights constitutes optional protocol
to the CRC adopted
of the best interests of the child – as also under- restrictive procedural rules:
by the UN General
lined by the Optional Protocol to the Convention • Courts are traditionally oriented to individual
Assembly in December
on the Rights of the Child on a communications rights violations, while economic, social and cul- 2011 (www2.ohchr.
procedure.70 tural rights relevant to environmental problems org/english/bodies/
generally reflect complex structural challenges hrcouncil/17session/
and are often related to collective violations of docs/A-HRC-RES-
17-18.pdf, accessed on
rights. In any case, future generations can only
May 28, 2012).
3.1 The justiciability of environmental have their rights violated as a group. The neces- 71 On the legal relevance
child rights sity of proving a person is individually affected of the precautionary
or has a sufficient individual interest, along with principle for a
Economic, social and cultural rights, particularly the lack of collective complaints mechanisms, sustainable water
policy see e.g. the
relevant to environmental problems, were long mean that many children have practically no
report of the Special
regarded more as programmatic goals than justi- means of asserting their environment-related
Rapporteur on the
ciable rights. However, this way their protection rights. One solution is allowing collective or right to water and
depended solely on political will, because the vic- class suits (e.g. through Ombudspersons along sanitation in Costa
tims of violations of rights were denied access to with suits in the public interest), that also bene- Rica (2009), §6.
legal remedies. There has been great progress in the fit particularly disadvantaged groups of children
last few decades when it comes to defining the con- or children and future generations in general.
tent of economic, social and cultural rights, and the • Many courts limit the right to appeal to »vic-
obligations they entail. In order to fill their envi- tims« of rights violations or to persons who can
ronmental dimensions with life, national and inter- prove a sufficient threat. A broader application
national courts are increasingly having recourse to of the precautionary principle would make it
recognised environmental law principles and trea- possible for courts to deal with environmen-
ties, environmental standards or »good practices«. tal risks as well. In many cases the causes of
This applies, for example, to the precautionary environment-related children’s rights violations
principle 71 and the concept of intergenerational are already known, while the consequences
justice or Guidelines and emission standards of the will only be felt in the future, as in the case of
WHO, which are all used to judge if states comply climate change or the plundering of natural
with their human rights obligations. How exten- resources.
sively courts resort to environmental law naturally • Environmental suits are linked with a great
depends on whether explicit environmental rights burden of proof. In the case of environmental
are entrenched in the pertaining international pollution, it is frequently hard to prove direct
human rights treaties or national constitutions. causes of harm, while the consequences are not
The precautionary principle in court From a judgment by the Constitutional Court of South
Africa concerning the right to a healthy environment
The precautionary principle has been an internation- and the obligation of state authorities to safeguard
ally recognised principle in environmental law since against contamination of underground water (2007)
the Earth Summit in Rio of 1992. It is being increasingly […] »This principle [Precautionary Principle] is applicable
applied in court cases at the national level, as shown by where, due to unavailable scientific knowledge, there is
the following example from South Africa. uncertainty as to the future impact of the proposed devel-
opment. Water is a precious commodity; it is a natural
Principle 15 of the Rio Declaration (1992) resource that must be protected for the benefit of present
In order to protect the environment, the precautionary and future generations.« 21
approach shall be widely applied by States according to
21 Fuel Retailers Association of Southern Africa v. Director-General
their capabilities. Where there are threats of serious or
Environmental Management, Department of Agriculture,
irreversible damage, lack of full scientific certainty shall Conservation and Environment, Mpumalanga Province and
not be used as a reason for postponing cost-effective others, § 98 (Case CCT 67/06 [2007] ZACC 13). See: www.saflii.
measures to prevent environmental degradation. org/za/cases/ZACC/2007/13.pdf (accessed on May 28, 2012).
72 A petition to the always quantifiable in every individual case, or 3.2 International monitoring mechanisms
Inter-American are to be separated from other factors. Many
Commission for
health problems resulting from environmen- There are a number of UN bodies and procedures
Human Rights
admitted in 2009
tal pollution arise only a long time afterwards, enabling the monitoring of environment-related
relies on such e.g. in the case of constant exposure through child rights. The most important supervisory body
WHO standards: pesticides. However, those affected often have for children’s rights is the UN Committee on the
www.cidh.oas.org/ to provide clear proof of an existing rights vio- Rights of the Child. Each State Party to the CRC
annualrep/2009eng/ lation or the threat thereof when their suit is has a duty to report every five years on the meas-
Peru1473.06eng.htm
being examined for admissibility, which in many ures taken to give effect to its undertakings under
2012). cases is not possible due to a lack of scientific the Convention. The Committee then issues rec-
73 §97. The CRC certainty. In this case, there is a lot to be said ommendations which are to contribute to a better
Committee could for a reversal of the burden of proof or at least realisation of child rights in the state concerned.
e.g. take up serious a facilitation of providing evidence in cases of Since there are no explicitly recognised environ-
environmental
serious violations of environment-related rights. mental rights in the CRC ecological problems are
challenges relevant
to the realisation
Victims can strengthen their case by referring not referred to systematically in the state reports
of children’s rights to maximum admissible levels of soil, water or or the Committee’s »Concluding Observations«,
as sub-points in the air pollution, scientific expert opinions or field which tend to follow the articles of the CRC. Envi-
Harmonized Treaty studies. Exceeding »safe« limits can indicate ronmentally relevant statements and recommen-
Specific Reporting
that the wellbeing of children is not guaranteed. dations confine themselves largely to the right to
Guidelines, see:
The burden of proof particularly hits them, as health in Article 24. Yet precisely the state review
http://www2.ohchr.
org/english/bodies/ they are not yet fully developed and are particu- procedure offers a good opportunity to draw atten-
crc/. larly sensitive due to their physical constitution. tion to serious and structural environmental prob-
74 See here e.g. When national standards are lacking or patently lems and their impacts on a full range of children’s
Resolution 2005/60 inadequate, because e.g. they reflect solely eco- rights. The UN Office of the High Commissioner
of the UN Human
nomic interests, then international standards and for Human Rights in its report on the relationship
Rights Commission,
now Human Rights findings can be cited by way of comparison. The between climate change and human rights (2009)
Council: http://www. WHO has developed a number of universally expressly stated, for example, that more country-
unhcr.org/refworld/ applicable guidelines for assessing environmental specific data and studies are necessary in order
docid/45377c759.html impacts taking into account children’s special to be able to better assess the impact of climate
vulnerability.72 change and adequate protection measures. It thus
2012).
recommended that states supply information to
this effect in their human rights reports to the com-
petent UN committees.73 In any case, the shadow
reports of civil society frequently point to the nega-
tive influence of environmental degradation on the
implementation of children’s rights.
In general, environmental problems should be
given much greater attention in the Committee’s
work so that environmental children’s rights are
recognised more.74 However, for that to happen it
Children appeal in the name of future generations!
In 1992, 43 children appealed to the constitutional court [the petitioners] can, for themselves, for others of their gen-
of the Philippines against their own government on behalf eration and for the succeeding generations, file a class suit
of future generations – against the clearing of the rain for- […]«, in order to protect the rain forest.
est. The children called for the conservation of natural
resources based on the concept of intergenerational justice,
relying here on the right enshrined in the constitution to 22 Minors Oposa v. Secretary of the Department of Environment
a balanced and healthful ecology. The court allowed the and Natural Resources: http://www.elaw.org/node/1343
petition because it found »no difficulty in ruling that they (accessed on May 28, 2012).
Warm up for the

Rio+20 summit:
Young people call for
political answers to
climate change during
COP 17 in Durban,
South-Africa
75 General Comments are

designed to interpret
will be necessary to deal more intensively with able to assert his or her own rights, if necessary at the content of certain
the environmental dimensions of protected child the international level before the UN CRC Com- rights and provisions of
rights. A General Comment 75 of the Child Rights mittee. The complaints mechanism will exercise an the CRC.
76 Alongside a procedure
Committee could help highlighting the importance important exemplary function, particularly for the
to conduct »country-
of a healthy environment for implementing the interpretation of the provisions of the CRC. Model visits« when there
CRC as a whole and also as an underlying deter- cases may help to bring out and specify even more are signs of gross and
minant of individual child rights, at the same time clearly the environmental aspects of children’s systematic child rights
clarifying the linkages between the principles of rights along with the corresponding obligations of violations, and an
inter-state complaints
the CRC and those of sustainable development. the signatory states. When international (imple-
mechanisms. See Note
More specifically, such a Comment could address mentation) standards arise this way they can then
65 or http://www.ohchr.
salient questions concerning the extraterritorial rebound back on national legislation and jurisdic- org/EN/HRBodies/
state obligations related to global environmental tion.78 HRC/WGCRC/Pages/
problems (e.g. climate change); the obligations The original draft of the optional protocol pro- OpenEndedWorking
of non-state actors; and the implementation and vided for a collective communications procedure, GroupIndex.aspx
operationalisation of a child-rights approach to as well as the individual one. It was to allow recog-
2012).
environmental protection and sustainable devel- nised non-governmental organisations or national 77 The Convention on
opment (see Chapter 4). At least, however, envi- human rights institutions to raise complaints the Rights of the Child
ronmental challenges should be included more without having to identify individual victims. That (1989) does not contain
systematically in relevant General Comments by would have given them the possibility of pointing provisions allowing for
individual complaints
the Committee. Three upcoming Comments will be to general child-rights deficiencies in public policy
as compared with other
concerned with Articles 24 and 31 and with child and calling for the elimination of structural social human rights treaties
rights and the business sector. They will offer a problems. The collective communications proce- (e.g. International
good starting point for raising environmental prob- dure would thus have been particularly appropri- Covenant on Civil and
lems as a cross-cutting issue. ate for asserting environmental children’s rights Political Rights).
In December 2011 the UN General Assembly (see 3.1.). Unfortunately it was (politically) not yet 78 In addition to a General
Comment perhaps
adopted a new optional protocol to the CRC that possible to push the collective complaint through
also UN guidelines
provides for an individual complaints mecha- at the UN level. It can, nevertheless, serve as a on environmental
nism.76 Thereby children too will finally have a model for shaping complaints mechanism at the children’s rights. See,
practical possibility of asserting their own rights regional and national levels. for example, UN
at the international level.77 That applies of course Besides the Child Rights Committee, other UN Guidelines for the
Alternative Care of
to violations of the environmental aspects of pro- institutions can exercise a monitoring function
Children (www.un.org/
tected children’s rights as well. The goal must be regarding environmental children’s rights. Many en/ga/64/resolutions.
to win over as many states as possible to ratify the Special Procedure mandate-holders of the Human shtml, accessed on May
protocol, so that each child in the world will be Rights Council – including those particularly rel- 28, 2012).
79 For example, the Spe- evant to environmental children’s rights 79 – can

cial Procedures on the receive individual complaints and are able to con-
right to food, health,
duct country-visits to investigate particularly seri-
adequate housing
ous cases with great relevance for their mandate.
and the human rights
obligations related to The Universal Periodic Review procedure of the
environmentally sound UN Human Rights Council offers a relatively new
management and form of human rights monitoring.80 It has existed
disposal of hazardous since 2006 and enables the periodical supervision
substances.
of the human rights obligations of each UN mem-
80 For information on the
UPR, see: www.ohchr. ber state. The procedure is characterised by the
org/en/hrbodies/upr/ other states being able to make recommendations
pages/uprmain.aspx on the basis of human rights treaties and other
(accessed on May 28, voluntary commitments 81 made by the state under
2012).
review. The review procedure itself is based on
81 For example,
information supplied by the state concerned, the
environmental treaties.
82 On the relevance of UN human rights bodies and civil society groups.
environmental rights The fact that various obligations of a state may be
during the UPR see adduced as references fundamentally offers a good
e.g. the collective opportunity to point to environmental problems
submission by civil
of states with a human rights dimension to them.82
society environmental
organisations for The review practice shows that environmental pro-
reviewing Haiti of 3–13 tection does play a role in state recommendations.
October, (http://ijdh. However, in the child rights-based recommenda-
org/archives/17938 , tions of the states, as well as in most civil society
accessed on May 28,
submissions on children’s rights there has hitherto
2012).
83 For further information
been a lack of clear environmental references.83
on the review practice The Universal Periodic Review procedure should
see www.upr-info.org be used more often in future in order to indicate
(accessed on May 28, environmental child rights violations. The scope of
2012). the review mandate is a good argument for that.
The UN’s special procedures as human rights monitoring mechanisms:

the Rapporteur on human rights and hazardous substances
On the basis of existing information from civil society, inter obsolete pesticides in Kyrgyzstan. Further he has pursued
alia, the UN Special Rapporteur »on the human rights the disposal of toxic waste in Cote d’Ivoire and rated the
obligations related to environmentally sound manage- effects of small-and medium- scale gold and diamond min-
ment and disposal of hazardous substances« can conduct ing in Tanzania. The Special Rapporteur also receives indi-
investigations in countries in which there are significant vidual complaints from individuals or groups whose rights
problems with handling toxic and dangerous substances have been violated by the impacts of toxic or dangerous
and waste (»country visits«). The visits enable an exchange substances, and enters into a constructive dialogue with
with affected groups and the inspection of places that can governments or companies (!) concerned, in order to seek
give information about the human rights impacts of toxic solutions for existing problems.23
substances. The Special Rapporteur can make detailed
recommendations on this basis in order to achieve better
monitoring, and a reduction or removal of existing prob-
lems. In the last few years the Special Rapporteur has, for 23 For further information see: www.ohchr.org/EN/Issues/
example, examined the recycling of electrical waste in India Environment/ToxicWastes/Pages/SRToxicWastesIndex.aspx
and visited dump sites for uranium-tailings and storages for (accessed on May 28, 2012).
4. A child rights approach

to environmental protection and sustainable development
»In the discussion about the central future ques- »Environmental issues are best handled with par-
tions of climate change, climate protection, adap- ticipation of all concerned citizens, at the relevant
tation and the conservation of biodiversity, few level. At the national level, each individual shall
development policy actors have hitherto advocated have appropriate access to information concerning
for an explicit consideration of the rights of children the environment that is held by public authorities,
and young people in poverty-oriented climate and including information on hazardous materials and
biodiversity policy, empowering them to participate activities in their communities, and the opportunity
meaningfully.« (Federal Ministry for Economic to participate in decision-making processes. State
Cooperation and Development, 2011) 84 shall facilitate and encourage public awareness and
participation by making information widely avail-
In international environmental policy, which is able. Effective access to judicial and administrative
dominated by scientific, technical or economic proceedings, including redress and remedy, shall be
arguments, the social and human dimension of provided.«
environmental problems was a peripheral topic for
a long time. Consequently children’s and human Since then, procedural rights have been included
rights played only a minor role in international in many national environmental legislations and
treaties or action to protect the environment. The multilateral environmental agreements, albeit
UN Conference on Environment and Develop- mostly in the form of general statements of com-
ment in Rio (1992) marked a change of direction. mitment. Access to legal remedies in environ-
It made procedural rights, including access to mental issues has hitherto not been guaranteed
84 Translation
information, participation in decision-making and in a single global environmental treaty. The UN terre des hommes
access to justice a part of international environ- Framework Convention on Climate Change e.g. 85 UN Framework
mental policy. Underlying that is the conviction contains rather non-binding phraseology and only Convention on
that empowering and involving the public con- addresses access to information and participa- Climate Change:
http://unfccc.int/
cerned makes effective environmental protection tion in decision-making (Article 4/6).85 It thereby
resource/docs/
possible and strengthens the legitimacy of environ- does not give victims of climate change a genuine convkp/convger.pdf
mental decisions. Principle 10 of the Rio Declara- opportunity to enforce their human rights by (accessed on May 28,
tion states: taking legal action. 2012).
Children have the right to be heard on environmental and sustainability matters
Effective participation offers children the most direct way of environmental pollution and the unsparing exploitation
of claiming their rights and sharing in determining their of natural resources. On the other hand, they are experts
lives themselves. Children thus have the right to be heard on their natural environment because they constantly
and taken seriously in all matters affecting them (Art. 12(2) move around in it. Above all, however: children will
CRC). inherit responsibility for the earth. Since the Rio Confer-
The Child Rights Committee further specified in its ence of 1992 children have in fact been more and more
General Comment on Article 12 CRC that since the imple- frequently able to participate in decision-making and
mentation of children’s rights »deals with a broad range of implementation processes concerned with environmen-
problems, […] which are of interest not only to the child tal protection and sustainable development. Yet in many
as an individual, but to groups of children and children in areas there is still a lack of opportunities for meaning-
general«, meaningful participation requires that children ful participation. The reasons for this are the absence of
have an opportunity to speak as a group with specific child-friendly information, short speaking time and, most
needs and interests, knowledge and skill.24 In questions of often, the exclusion from actual decision-making, that
sustainability and environmental protection, the participa- usually takes place behind closed doors.
tion of children is urgently necessary. After all children
are particularly affected by environmental degradation,
because they are still developing and are very vulnerable. 24 See General Comment No. 12 of the CRC Committee, §§73
Children must also live with the long-term consequences and 87.
86 See General Comment That is far from constituting a human rights-based

No. 5 of the CR environmental and sustainability policy. And that
Committee.
has serious consequences, particularly for children.
They are doubly punished because they have to
live with the repercussions of short-sighted action
not only now but later. An effective child rights
approach recognises children as autonomous
rights-holders and stresses their role as victims
of environmental degradation and as pioneers in
environmental policy. Such an approach draws
attention to the importance of power relations and
points to inequality and discrimination. A child
rights- based environmental and sustainability
policy is centred on the basic needs of children
and guarantees that children are informed and
heard on questions affecting »their« environment.
The norms and principles of the CRC, above all
child rights with environmental implications, must
become guidelines for national and international
environmental and sustainability policy. The legal
preconditions for this already exist. The CRC is the
most frequently ratified human rights treaty and
the States Parties are expressly obliged to take all
appropriate measures for the implementation of
child rights (Article 4 CRC).86 For this to happen it
is necessary for child rights to reach into all policy
areas affecting children. That includes, in particu-
lar, environmental and sustainability policy.
Children have the right to a healthy environment and

adequate, nutritious food: ecological fruit-growing in
Columbia
A child rights-based climate policy
National and international measures to reduce CO2 emis- all states of their obligation to protect children from the
sions or adapt to climate change are not just good deeds effects of climate change – at home and globally.25 Targets
but part of the state obligations derived from the CRC and for reducing harmful emissions must be set in such a way
other human rights treaties. Articles 3 and 4 of the UN that there is no threat to child rights today and in future.
Framework Convention on Climate Change (UNFCCC) The same applies to the implementation of climate protec-
require states to »protect the climate system for the benefit tion and adaptation measures. Monitoring and account-
of present and future generations of humankind, on the ability mechanisms must be strengthened and made acces-
basis of equity and in accordance with their common but sible to affected children.
differentiated responsibilities and respective capabilities«.
Unfortunately, international climate policy primarily strives 25 See Report of the UN High Commissioner for Human Rights
for equity between states – if at all. Children’s rights give on the Relationship between Climate Change and Human
meaning to Articles 3 and 4 of the UNFCCC by reminding Rights (2009), §§ 94 und 99.
5. Recommended actions
to improve the protection of environmental child rights
Children have a right to an environment that ena- relevance of global ecological damage. The com-
bles them to grow up healthy and gives them posi- plaints will contribute to bringing out even more
tive future prospects. The terre des hommes cam- clearly the environmental aspects of child rights and
paign launched in 2011 draws attention to this specifying the resultant obligations of CRC States
and pursues the aim of strengthening children’s Parties. Like the new communications procedure for
rights, nationally and internationally, in view of children, other human rights complaints mechanisms
massive environmental destruction. at the international, regional and national level must
be used in order to draw attention to environmental
terre des hommes advocates for strengthening the children’s rights. What is possible was shown by the
normative and institutional framework to protect 43 children who in 1992 took action before the con-
environmental children’s rights. stitutional court of the Philippines against the cutting
The most important monitoring body for the down of the rain forest.
worldwide implementation of child rights is the The Universal Periodic Review of the UN Human
UN Committee on the Rights of the Child. It is also Rights Council should be used more intensively in
responsible for interpreting the Convention. It is our future, also by civil society, in order to draw atten-
goal that the Committee clearly asserts the impor- tion to violations of environment-related child rights.
tance of a healthy environment for implementing In spite of the broad scope of the review mandate,
the CRC as a whole and as an underlying deter- the child-rights-based recommendations to states
minant of individual child rights, at the same time have hitherto lacked clear references to environmen-
clarifying the linkages between the principles of the tal problems.
CRC and those of sustainable development. At its 19th session, the UN Human Rights Council
The UN Child Rights Committee, since 1992, established a mandate for an Independent Expert on
conducts annual Days of General Discussion. The human rights and the environment to explore, inter
aim is to get experts and civil society organisations alia, the human rights obligations »relating to the
together in order to gain a deeper understanding enjoyment of a safe, clean, healthy and sustainable
of the content and implications of the Conven- environment«. The mandate must be used to bring
tion. Precisely this understanding has been missing out specific threats to children and future genera-
to date, as far as the mutual dependence of envi- tions. Numerous other special procedures of the UN
ronmental and children’s rights protection is con- Human Rights Council can contribute to strengthen-
cerned. The topic of environmental children’s rights ing environmental children’s rights. They include,
belongs on the agenda of the Committee. A Day of in particular, the mandates concerning the right to
Discussion may lay the basis for a future General water, health, adequate housing and food and the
Comment that, in addition to highlighting the envi- mandate on the human rights obligations related to
ronmental preconditions for the rights enshrined in environmentally sound management and disposal of
the CRC, could address salient questions concern- hazardous substances.
ing, inter alia, the extraterritorial obligations of Environmental destruction is one of the major
States Parties regarding global environmental dam- human rights challenges of the 21st century. When
age such as climate change and loss of biological seeking appropriate answers international recogni-
diversity; the role and duties of private actors; or the tion of a general right to a healthy environment must
implementation and operationalization of a child at least be considered, as proposed by the UN High
rights approach to environmental protection and Commissioner for Human Rights in her study on the
sustainable development. At present the UN Com- relationship between human rights and the environ-
mittee is working on General Comments concerning ment (2011). The right to a »healthy« environment
Articles 24 and 31 and child rights and the business is, above all, necessary to protect children because
sector. These three Comments should systemati- they are particularly sensitive and vulnerable to envi-
cally take account of environmental challenges as a ronmental threats. The right to a healthy environ-
cross-cutting issue. ment also has the potential to prevent the unsparing
As soon as the new CRC optional protocol takes exploitation of natural resources and the loss of
effect, the Child Rights Committee will also receive biological diversity, guaranteeing that children and
individual complaints from children. Human rights future generations find a world worth living in. The
organisations can help children to raise awareness recognition of a right to a safe, healthy and balanced
about massive violations of their environment- environment is thus a long-term aim of strengthening
related rights and thereby highlight the child-rights environmental children’s rights.
terre des hommes calls for the creation of on human rights and transnational corporations
Ombudsperson for future generations. and other business enterprises«, but also national
The rights, interests and needs of future generations corporate social responsibility (CSR) approaches
must be adequately considered in the decisions of and institutions that respect children’s rights and
the present generations. For that they need a politi- develop procedures to implement them.
cal lobby. Ombudsperson for future generations
can create a counterbalance to the predominant terre des hommes, above all, calls for the partici-
short-term mindset in that they are competent but pation of children:
independent actors who monitor decisions in terms Children have a right to raise their voices on issues
of their environmental and future effects. They concerning their environment and their future, and
listen to public concerns and receive complaints, to be taken seriously. Children must be allowed to
and they serve as mouthpieces between those con- participate in political debates and decisions at the
cerned and politicians. local, national and international levels. In many
Ombudsperson for future generations should countries terre des hommes and its partner organi-
be set up at the international, national and local zations run child rights »audits«. Children ask their
levels. Many violations of the rights of future gen- peers about how children’s rights are implemented
erations have reached a global extent (e.g. climate in their life world and present their results to the
change) or are rooted in the international political public and responsible politicians. As the results
or economic system (e.g. overexploiting resources), show, children have a fine sense of violations of
so that solutions can only be found at the inter- their environmental rights.
national level. At the same time, it is important
to create institutions accessible to children at the ACT NOW – Protect environmental child rights!
places where they live and are experts, i.e. at the
local level.
terre des hommes calls for more account to be

taken of the norms and principles of the Conven-
tion on the Rights of the Child in national and
international environmental and sustainability
policy (Child Rights Approach).
In many fields of environmental and sustainability
policy, e.g. climate policy, there has hitherto been a
lack of a clear commitment to children’s rights that
must change. Children’s rights should be on the
national and international sustainability agenda.
Environment-related child rights such as
the right to health, food, water etc must also be
respected and protected in other policy areas heav-
ily impacting on environmental and sustainability
issues such as the economy. terre des hommes calls
for internationally binding rules that oblige compa-
nies worldwide to observe human rights.
Already initiatives for corporate responsibil-
ity at different levels show how this can operate.
Examples at the international level are the former
»Special Representative of the Secretary General
Further reading and Links
Further reading Links

Brown Weiss, Edith (1990): Our Rights and Obligations to African Charter on Human and Peoples’ Rights:
Future Generations for the Environment, American Journal http://www.achpr.org/instruments/achpr/
of International Law, Vol. 84, No.1, www.juridicas.unam. AGENDA 21:
mx/publica/librev/rev/iidh/cont/13/dtr/dtr2.pdf www.un.org/depts/german/conf/agenda21/agenda_21.pdf
Federal Ministry for Economic Cooperation and Develop- All General Comments of the UN Committee on the Rights
ment (2011): Kinder- und Jugendrechte konkret. Informatio- of the Child:
nen zu den Rechten junger Menschen in der entwicklungs- www2.ohchr.org/english/bodies/crc/comments.htm
politischen Zusammenarbeit, www.bmz.de/ All General Comments of the UN Committee on Economic,
de/publikationen/themen/menschenrechte/Materialie214_ Social and Cultural Rights:
Informationsbroschuere_05_2011.pdf www2.ohchr.org/english/bodies/cescr/comments.htm
Howard, Guy/Bartram, Jamie (2003): Domestic Water All Special Procedures of the UN Human Rights Council:
Quantity, Service Level and Health, Geneva: World Health www2.ohchr.org/english/bodies/chr/special/index.htm
Organisation, www.who.int/water_sanitation_health/ Basel Convention on Transboundary Movement of Hazard-
diseases/WSH03.02.pdf ous Wastes and their Disposal:
Kentini, Fatma Zohra (1994): Draft Principles on Human www.bmu.de/abfallwirtschaft/downloads/doc/2042.php
Rights and the Environment, www1.umn.edu/humanrts/ International Covenant on Economic, Social and Cultural
instree/1994-dec.htm Rights:
Office of the UN High Commissioner for Human Rights http://www2.ohchr.org/english/law/cescr.htm
(2002): Report of the joint OHCHR-UNEP seminar on Johannesburg Declaration on Sustainable Development:
human rights and the environment (16 January 2002), www.un.org/esa/sustdev/documents/WSSD_POI_PD/
www.unhchr.ch/huridocda/huridoca.nsf/e06a5300f90fa- English/POI_PD.htm
0238025668700518ca4/a1f082fc193adc1fc1256ba500394473/ Convention on the Rights of the Child:
$FILE/G0211932.pdf www.national-coalition.de/pdf/UN-Kinderrechtskonvention.
Office of the UN High Commissioner for Human Rights/ pdf
UN Habitat (2009): Right to Adequate Housing, Factsheet Rio Declaration on Environment and Development:
No.21/Rev.1, www.ohchr.org/Documents/Publications/ www.un.org/depts/german/conf/agenda21/rio.pdf
FS21_rev_1_Housing_en.pdf Rotterdam Convention on Prior Informed Consent Pro-
Office of the UN High Commissioner for Human Rights cedure for Certain Hazardous Chemicals in International
(2009): Report of the Office of the High Commissioner for Trade:
Human Rights on the relationship between climate change http://www.pic.int/TheConvention/Overview/TextoftheCon-
and human rights and the environment, www.ohchr.org/EN/ vention/tabid/1048/language/en-US/Default.aspx
Issues/HRAndClimateChange/Pages/Study.aspx Stockholm Convention on Persistent Organic Pollutants:
Shelton, Dinah (2009): Human Rights and Environment: www.unep.org/Documents.Multilingual/Default.asp?docume
Past, Present and Future Linkages and the Value of a Dec- ntid=97&articleid=1503
laration (Draft Paper), High Level Expert Meeting on the (Stockholm) Declaration of the UN Conference on the
New Future of Human Rights and Environment: Moving the Human Environment:
Global Agenda Forward, 30 November – 1 December 2009, www1.umn.edu/humanrts/instree/humanenvironment.html
www.unep.org/environmentalgovernance/LinkClick.aspx? South African Constitution:
fileticket=vmj6UL3O5Ho%3d&tabid=2046&language=en-US www.info.gov.za/documents/constitution/
UN High Commissioner for Human Rights (2011): Analyti- UNESCO Declaration on the Responsibilities of the
cal study on the relationship between human rights and the Present Generations towards Future Generations:
environment, http://www.ohchr.org/Documents/HRBodies/ www.unesco.de/446.html
HRCouncil/RegularSession/Session19/A-HRC-19-34_en.pdf World Charter for Nature:
UN Secretary General (2005): Human Rights and the www.un.org/documents/ga/res/37/a37r007.htm
environment as part of sustainable development Additional Protocol to the American Convention on
(E/CN.4/2005/96), www2.ohchr.org/english/bodies/chr/ Human Rights in the Area of Social, Economic and Cul-
sessions/61/lisdocs.htm tural Rights:
World Food Organisation (FAO) (2005): Voluntary Guide- www.oas.org/juridico/english/treaties/a-52.html
lines to Support the Progressive Realization of the Right to
Adequate Food in the Context of National Food Security, (Further Reading and Links accessed on April 14, 2012)
www.fao.org/docrep/meeting/009/y9825e/y9825e00.htm
World Health Organisation (WHO) (2003): Emerging
Issues in Water and Infectious Disease, Geneva, www.who.
int/water_sanitation_health/emerging/emerging.pdf
World Health Organisation (2004): Guidelines for drinking
water quality, 3rd edition, www.who.int/water_sanitation_
health/dwq/fulltext.pdf
World Commission for Environment and Development
(1987): Our Common Future (Annex 1), www.un-documents.
net/ocf-a1.htm
terre des hommes Phone +49 (0)05 41/71 01-0 Account for donation 700 800 700
Help for Children in Distress Telefax +49 (0)05 41/70 72 33 Volksbank Osnabrueck eG
Ruppenkampstrasse 11a eMail info@tdh.de Bank sort code (BLZ) 265 900 25
49084 Osnabrück Internet www.tdh.de BIC GENODEF1OSV
Germany IBAN DE20 2659 0025 0700 8007 00

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Protecting Environmental

terre des hommes Germany Foreword 1

Head Office Introduction 2

Layout and design Further reading and links 29

terre des hommes Germany has been awarded the

Children have a right to a healthy environment!

The relevance of environmental child rights today

1. Two paths – one goal?

UN Convention on the Rights of the Child

terre des hommes

the right to a healthy environment. This approach 13 See Johannesburg

ard of living, it still lacks a strong commitment to

Rio Declaration of 1992 and AGENDA 21

Rio Declaration comprise nearly half the population. Furthermore, chil-

2. Environment-related child rights in the CRC

The best interests of the child

Shelter for young children: Mobile Creches, the Indian

to justice when their rights are violated. There is a frequent

2.3 The child’s right to food 22 General Comment

Child rights in environmental education

7 General Comment No. 15 on the Right to Water, §25.

Brief overview of state obligations regarding the There are still

Drinking water quality in developing countries:

Realising environmental rights for all children: extraterritorial obligations

Shanty town in Davao,

Environmental justice for all future generations

61 Ibid. §38. See also the

common that is to be protected in the name of 64 One example is

Draft Declaration of Human Rights and the Environment (1994)

3. Strengthening accountability for environmental child rights

Ombudspersons for future generations

Children appeal in the name of future generations!

Warm up for the

75 General Comments are

79 For example, the Spe- evant to environmental children’s rights 79 – can

The UN’s special procedures as human rights monitoring mechanisms:

4. A child rights approach

Children have the right to be heard on environmental and sustainability matters

86 See General Comment That is far from constituting a human rights-based

Children have the right to a healthy environment and

A child rights-based climate policy

terre des hommes calls for more account to be

Further reading and Links

Further reading Links

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