General comment No. 26 (2023) on Children’s Rights and the Environment, with a Special Focus on Climate Change

Q3 Social Sciences International Human Rights Law Review Pub Date : 2023-12-07 DOI:10.1163/22131035-12020006
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引用次数: 2

Abstract

A clean, healthy and sustainable environment is both a human right itself and necessary for the full enjoyment of a broad range of children’s rights. Conversely, environmental degradation, including the consequences of the climate crisis, adversely affects the enjoyment of these rights, in particular for children in disadvantaged situations or children living in regions that are highly exposed to climate change. The exercise by children of their rights to freedom of expression, peaceful assembly and association, to information and education, to participate and be heard and to effective remedies can result in more rights-compliant, and therefore more ambitious and effective, environmental policies. In this way, children’s rights and environmental protection form a virtuous circle. The present general comment is focused on children’s rights and the environment, with a particular emphasis on climate change. Its aims are to: (a) emphasize the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights; (b) promote a holistic understanding of children’s rights as they apply to environmental protection; and (c) clarify the obligations of States party to the UN Convention on the Rights of the Child (the Convention) and provide authoritative guidance on legislative, administrative and other appropriate measures to address environmental harm, with a special focus on climate change.
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关于儿童权利与环境,特别关注气候变化的第 26 号一般性意见(2023 年
清洁、健康和可持续的环境本身既是一项人权,也是充分享有一系列儿童权利的必要条件。反之,环境退化,包括气候危机的后果,会对这些权利的享有产生不利影响,尤其是对处境不利的儿童或生活在极易受气候变化影响地区的儿童而言。儿童行使其言论、和平集会和结社自由权、知情权和受教育权、参与权和发表意见权以及获得有效补救的权利,可以使环境政策更加符合权利要求,从而更加雄心勃勃和有效。这样,儿童权利和环境保护就形成了一个良性循环。本一般性意见侧重于儿童权利与环境,特别强调气候变化。其目的是(a) 强调迫切需要解决环境退化,特别是气候变化对儿童享有权利的不利影响;(b) 促进对适用于环境保护的儿童权利的全面理解;(c) 澄清《联合国儿童权利公约》(《公约》)缔约国的义务,并就解决环境损害,特别是气候变化的立法、行政和其他适当措施提供权威性指导。
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来源期刊
CiteScore
0.80
自引率
0.00%
发文量
10
期刊介绍: The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.
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