Children’s Rights Obligations of States in the Context of Climate Change

This briefing by the Center for International Environmental Law (CIEL) and the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) synthesizes the activities of the UN Committee on the Rights of the Child (CRC) regarding climate change during 2020 and 2021. It details the CRC's increasing focus on state obligations to mitigate climate change, the role of financial and business actors in environmental harm, and the development of a forthcoming General Comment on children's rights and the environment.

• Between 2020 and 2021, the Committee on the Rights of the Child (CRC) referenced climate change in 29 out of 61 state review processes, including Concluding Observations, Lists of Issues, and Lists of Issues Prior to Reporting. While the CRC previously focused more on Small Island Developing States (SIDS), Least Developed Countries (LDCs), and developing States, it addressed the issue with both developed and developing countries in a balanced manner during this period.
• The CRC has increased its focus on states' obligations to mitigate climate change, rising from four countries in 2020 to 12 outputs in 2021. Specific recommendations included asking Sweden to provide information on reducing greenhouse gas emissions and moving to 100% renewable electricity, urging Poland to adopt mitigation measures aligned with the Paris Agreement and phase out coal-fired power plant funding, and recommending that Austria assess transportation sector policies and eliminate subsidies for transport modes that undermine children's health rights.
• The CRC is placing greater scrutiny on the role of financial and business actors in environmental harm, with 11 outputs in 2021 mentioning these actors compared to only one in 2020. For instance, the Committee expressed concern over Switzerland's high greenhouse gas emissions resulting from fossil fuel investments by its financial institutions and requested information from South Africa on how private and public companies, especially in the fossil fuel industry, consider the impact of climate change on children's rights.
• In the case of Sacchi et al. v. Argentina, Brazil, France, Germany, and Turkey, the CRC established that it has jurisdiction under Article 5(1) of the Optional Protocol when transboundary harm occurs. The Committee reasoned that a causal link exists if a state exercises effective control over emission sources and the resulting negative impact on children's rights outside its territory was reasonably foreseeable. However, the claim was deemed inadmissible because the claimants had not exhausted domestic remedies.
• The CRC is developing a new General Comment on children's rights and the environment with a specific focus on climate change. This work, informed by climate science, will address substantive, procedural, and heightened obligations and will be viewed through four general principles: non-discrimination; best interests; the right to life, survival, and development; and the views of the child.

APA

Center for International Environmental Law (2022). Children’s Rights Obligations of States in the Context of Climate Change. https://www.ciel.org/wp-content/uploads/2022/03/Childrens-Rights-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf

Chicago

Center for International Environmental Law. Children’s Rights Obligations of States in the Context of Climate Change. 2022. https://www.ciel.org/wp-content/uploads/2022/03/Childrens-Rights-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Children’s Rights Obligations of States in the Context of Climate Change |date=2022 |url=https://www.ciel.org/wp-content/uploads/2022/03/Childrens-Rights-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2022childrens, author = {{Center for International Environmental Law}}, title = {{Children’s Rights Obligations of States in the Context of Climate Change}}, institution = {Center for International Environmental Law}, year = {2022}, url = {https://www.ciel.org/wp-content/uploads/2022/03/Childrens-Rights-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }