Historic Ruling on the Harmful Effects of Climate Change on Children’s Rights

This case is very important because it concerns climate change, a huge problem facing the world today, and one which children feel strongly about.

By Constance Ndeleko

On the 11^th October 2021, GENEVA- Child Rights Committee (CRC) published its first ever ruling by an international body after examining a petition filed by 16 children from 12 countries against Argentina, Brazil, France, Germany and Turkey in 2019. 

The children appealed that these five countries, which were historic emitters and had recognized the competence of the Committee to receive petitions, had failed to take necessary preventive measures to protect and fulfil children’s rights to life, health, and culture.

The children also argued that the climate crisis is not an abstract future threat and that the 1.1°C increase in global average temperature since pre-industrial times has already caused devastating heat waves, fostering the spread of infectious diseases, forest fires, extreme weather patterns, floods, and sea-level rise.

The children were from different countries, and from different regions of the world. They give examples about how climate change is affecting their lives. They describe effects on small island states that are sinking, and impacts on cultural hunting and fishing practices, and the effects of climate change on the mental health of children around the world.

The world has been devastated by hundreds of disasters since the 1960s. More than 50 million people have become destitute. Many people have died. And most of the disasters are accompanied by constant climate change.

Increasing use of fossil fuels is warming the weather, forcing more people to flee their homes due to unexpected floods or storms. Besides, factors like crop damage and drought are also making this trend more evident.

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As children, they claimed, they were among the most affected by these life-threatening impacts, both mentally and physically.

The Child Rights Committee has established that a State party can be held responsible for the negative impact of its carbon emissions on the rights of children both within and outside its territory.

The Committee held five oral hearings with the children’s legal representatives, the States’ representatives and third party intervenors between May and September 2021. It also heard the children directly. In this historic ruling, the Committee found that the States concerned exercised jurisdiction over those children.

“Emitting States are responsible for the negative impact of the emissions originating in their territory on the rights of children – even those children who may be located abroad. The collective nature of the causes of climate change must not absolve a State from its individual responsibility,” said Committee member Ann Skelton. “It is a matter of sufficiently proving that there is a causal link between the harm and the States’ acts or omissions,” Skelton added.

People have already witnessed extreme weather, drought or heavy rains, cyclones.  That is to say, the destructive form of climate and nature is gradually becoming manifest.

Oppression on nature is going on in various ways, due to which nature is becoming hostile. We are ruining all our own achievements. As a result, there has been severe inflammation.

The Committee determined that Argentina, Brazil, France, Germany and Turkey had effective control over the activities that are the sources of emissions that contribute to the reasonably foreseeable harm to children outside their territories.

It settled that a sufficient causal link had been established between the harm alleged by the 16 children and the acts or omissions of the five States for the purposes of establishing jurisdiction, and that the children had sufficiently justified that the harm that they had personally suffered was significant.

As children, they claimed, they were among the most affected by these life-threatening impacts, both mentally and physically.

However, the Committee was unable to adjudicate on whether States parties in this specific case had violated their obligations under CRC. Complaints procedures require that petitions are only admissible after exhaustion of effective & available national remedies.

This case is very important because it concerns climate change, a huge problem facing the world today, and one which children feel strongly about.

Climate change is responsible for recent disasters. We have to fight hard to save the world from increasing global warming. World leaders must take strong action, including global initiatives, to leave a sustainable future for the next generation. The international community has a special responsibility to assist countries at risk of climate change in their adaptation and mitigation efforts.

Source: OHCHR

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