Climate changes in the practice of the UN Committee on the rights of a child

Around 4.5 billion years ago, our home arose. The Earth. Home of poets, scientists, artists, and all other living beings. Over time it has changed and evolved, passing through so many different phases like the rest of her inhabitants. Some of those changes made her beautiful, as she is. And yet, some of them cause her to suffer, unable to resist them. Most of the time, they are a result of natural causes and evolution, a reminder that nature has its own will and pace. However, in the last few centuries, the human factor has been shown more devastating and dangerous, and with time passing by, humans, somehow, have forgotten they are not alone in this wonderful world.

2.    Climate change and child’s rights

Among all of the climate and environmental hazards, it is the heatwaves, cyclones, flooding, water scarcity, vector-borne diseases, and air and lead pollution that is the most devastating to the human population. However, since children are more sensitive than adults, the consequences of these hazards and stresses are more disastrous to their young, fragile lives. For instance, high temperatures cause extreme heatwaves which result in serious health risks for children since they are not fully able to regulate their body temperature. Water scarcity is a direct consequence of climate change, disabling child’s right to clean drinking water, and at the same time, causing a nutrition crisis with increasingly severe droughts and preventing children to enjoy one of their basic rights- the right to food (UNICEF, 2021).

Based on the above-mentioned it seems that the UNCRC “was not meant to protect children from the consequences of climate change” (Sanz-Caballero, 2013, p. 2).

3.    Climate change in the practice of the UN Committee on the Rights of the Child

“For every child, hope… for every child, opportunity…for every child, dignity”3 (UNICEF: History of a logo).

In accomplishing the mission of the UN in providing protection and security to children at the universal level, the Committee on the Rights of the Child (CRC) has the main role, of monitoring the implementation of the UNCRC by its State parties. Prior to 2021, the main focus of the CRC was the protection of children through the UNCRC and its Optional Protocols4, however, since the Convention has shown to be futile in the fight against the consequences of climate change, the CRC has become aware that an urgent and serious reaction is needed in this domain. The first step on this journey was the global conference held in 2016 by the UN which successfully, for the first time, linked children’s rights with the environment at the international level (General Comment No. 26). Based on years of research and hard work, the CRC decided to draft the General Comment No. 26 in June 2021, which would dedicate special attention to the child’s rights and the side effects of climate change and invited all State parties and stakeholders to comment on its concept note and later the draft itself. In the concept note, the CRC stated the disturbing consequences of environmental harm, including climate change, on human rights, ecosystems, and biodiversity, and pointed out the devastating fact that yearly around 1.5 million children under the age of 5 die from the side effects of the different environmental hazards (Committee on the Rights of the Child [CRC], 2021).

Based on the scope and objectives of the General Comment No. 26 presented in its concept note, 19 State parties, among them those which are the least polluting and the most affected by the side effects of climate change, submitted their comments indicating the drastic situation on their territory, suggesting different solutions to the subject matter and pointing out the necessity and different ways of including responsible bodies of the State parties in overcoming this alarming problem. Being aware that resolving this matter depends mostly on the opinion and actions of adults, the CRC decided to involve the global community, including State parties and experts from relevant fields in the creation of the General Comment No. 26. But, most importantly, it turned directly to those who suffer the most from neglecting the existence of this catastrophic global phenomenon- children.

The process of creating the General Comment No. 26 involves two phases followed by multiple and diverse consultations and workshops,entrusting the stakeholders from extremely high-risked areas, in particular children and young people, a key role in its drafting procedure. Since the CRC recognized the importance of children’s voices, in the period from 31 March 2022 until 30 June 2022, 7.416 children from 103 countries contributed to the development of the first Draft General Comment No. 26 by sheering their opinions, thoughts, experiences, and feelings of environmental damage and climate change, including their right to environmental education, right to have a say and be taken seriously by adults and governments, and right to access information and support (Committee on the Rights of the Child [CRC], 2022a). Through their comments, the children expressed anger and dissatisfaction with the adults they consider the main cause of the current situation, especially emphasizing the inability to enjoy their basic rights such as the right to education, the right to play, the right to breathe clean air, and the right to have access to clean drinking water. What certainly represents a surprising fact is that 15% of children who participated in the survey and live in environmentally high-risked areas, East and South-East Asia in particular, stated they do not feel the consequences of climate change (Committee on the Rights of the Child [CRC], 2022b). This represents a very devastating fact since those areas have been affected for decades by environmental hazards, and for those children and their short young lives this kind of living environment is perceived as “normal”. In other words- they do not know for better.

As the realization of the aforementioned child’s rights mostly depends on the adults, the CRC included the global community in the process of creating the General Comment No.26, as its inseparable part. Through 2021 and 2022, 110 participants from UN offices, States, and NGOs contributed with their participation in surveys and multiple workshops regarding the impact that environmental hazards have on children’s lives. They mostly emphasized that climate change affects children more than adults, their physical and mental health in particular, caused by the environmental degradation and loss of safe and healthy outdoor spaces, and highlighted multiple problems and children risks this situation provokes, like necessary children migration, separation from their parents, lack of nutritious food, sexual exploitation, child trafficking, etc. (Committee on the Rights of the Child [ CRC ] , 2022c). However, participants showed disagreement regarding multiple issues, among which are the obligations of States related to environmental concerns, intergenerational equity, and terminological clarification of the “appropriate protection”(CRC, 2022c).

Based on thorough work and long-term research, the CRC was able to form and publish the Draft General Comment No. 26 on children’s rights and the environment with a special focus on climate change in 2022. It emphasizes the significance of the children’s efforts in raising awareness of the importance of environmental and climate justice, as well as “historical contributions to human rights and environmental protection” (Committee on the Rights of the Child [CRC], 2022d). Through five thematic sections, special attention is dedicated to the specific rights of the UNCRC, due to their evident connection to the environment, the general obligations of States, the right to a clean, healthy, and sustainable environment, and climate change. The CRC categorically listed all child’s rights enshrined in the UNCRC that are violated or cannot be enjoyed as a result of environmental hazards, by giving a profound explanation of the environmental impacts which are causing the violation and recommending measures for States to prevent or reduce the consequences of it. Concerning the general obligations of States, they are aimed at ensuring a healthy and clean environment, separately or through international cooperation, which will lead to the full and effective enjoyment of all child’s rights, as well as to enable access to necessary and full information regarding the environment, including the right to be heard, to express an opinion, or the right to an effective remedy caused by environmental issue (CRC, 2022d).

Since it can be seen with the accordance in abovementioned that the CRC highly values the opinions and comments of the versatile stakeholders regarding this matter, the Draft General Comment No. 26 is being evaluated by a global community, States, and especially children and young people before it is published as a General Comment in 2023.

4.    Conclusion

Although the CRC dedicated so much time and effort to findpossible solutions to protect child’s rights and their young lives from environmental hazards, the question is will the General Comment No. 26 alongside the UNCRC be powerful enough to meet set-up goals. As part of the general community in their comments of the Draft General Comment No. 26 pointed out, the General Comments passed by the CRC, are not binding for States, therefore it is questionablewhether the States will comply with the stipulated obligations and provide childrenwith a safe environment.All in all, adopting and publishing the General Comment No. 26 can be the first step to a better future. However, taking into consideration that it will take 7 years from the day that idea was born until its realization, as well as the intensity and drastic increase in the number ofendangered adults and children year after year, it is questionable if some new binding document will be timely adopted if the General Comment No. 26 alongside the UNCRC does not produce positive results.

We are part of nature, but we naively believe that we are above it. We only have one home, but we obviously do not appreciate it like we are supposed to. If we do not act today, it may not be worth it anymore.

Children are the future. So, how can the future be if our present is stealing time?

Children deserve to have a childhood. Children deserve to be loved and respected. Children deserve to be happy. Children deserve to have a future. Children deserve…

Staparski Tamara

Pravni fakultet za privredu i pravosuđe u Novom Sadu, Univerzitet Privredna akademija u Novom Sadu, Srbija

KLIMATSKE PROMENE U PRAKSIKOMITETA UN ZA PRAVA DETETA

REZIME: Degradacija životne sredine i klimatske promene su decenijama u fokusu međunarodne zajednice. Nemogućnost potpunog i efikasnog uživanja ljudskih prava uzrokovana klimatskim promenama je stalni podsetnik da je neophodna hitna reakcija. Međutim, šta je sa pravima onima koji zavise od nas i čije glasove izbegavamo da čujemo? Šta je sa najmlađima među nama, o čijoj budućnosti mi sebično i bez ikakvog prava odlučujemo? Poslednja istraživanja pokazuju da deca više pate nego odrasli od posledica klimatskih promena. U radu, autor naglašava nedostatak zaštite prava deteta od strane Konvencije Ujedinjenih Nacija o pravima deteta, koja su povređena usled posledica klimatskih promena, i posvećenost Komiteta Ujedinjenih Nacija za prava deteta da obezbedi zaštitu ovih prava kroz Generalni komentar br. 26. Analizirajući proces stvaranja Generalnog Komentara br. 26 i njegov sadržaj, prikazano je kako zajedničko učešće dece i odraslih može da dovede do rezultata koji pružaju nadu za budućnost. Ipak, u zaključnim napomenama autor izražava sumnju u pogledu poštovanja propisanih obaveza od strane dražava članica, usled neobavezujuće prirode Generalnih komentara koje donosi Komitet Ujedinjenih Nacija za prava deteta, dovodeći u pitanje značaj Generalnog komentara br. 26.

Ključne reči : klimatske promene, prava deteta, Konvencija Ujedinjenih Nacija o pravima deteta, Komitet Ujedinjenih Nacija za zaštitu prava deteta, Generalni komentar br. 26.