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

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The Committee on the Rights of the Child (CRC) has increased its focus on climate change in State reviews, shifting from a primary focus on developing nations to a balanced approach including developed countries. Key areas of concern include adaptation, child participation, and a growing emphasis on mitigation obligations, specifically targeting fossil fuel subsidies and emissions in the transport and aviation sectors. The CRC is also increasingly scrutinizing the role of financial institutions in funding fossil fuels. Legally, the CRC established in the Sacchi et al. v. Argentina, Brazil, France, Germany, and Turkey case that it has jurisdiction over transboundary harm if a causal link exists between a State's emissions and the impairment of children's rights abroad, although the specific claim was dismissed on procedural grounds for failing to exhaust domestic remedies.

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  • Between 2020 and 2021, the CRC addressed climate change in 29 out of 61 State review processes, moving away from focusing primarily on Small Island Developing States (SIDS) and Least Developed Countries (LDCs) to a more balanced approach involving both developed and developing nations.
  • The CRC has increased its focus on State obligations to mitigate climate change, specifically recommending that Poland phase out coal-fired power plant funding and that Austria eliminate subsidies for transportation modes that undermine children's health rights.
  • There is a growing emphasis on the responsibility of financial and business actors; in 2021, 11 CRC outputs referred to these actors, with specific concerns raised about Swiss financial institutions' investments in fossil fuels.
  • In the case of Sacchi et al. v. Argentina, Brazil, France, Germany, and Turkey, the CRC determined it has jurisdiction over transboundary harm when a State exercises effective control over emission sources and there is a causal link to the negative impact on children's rights outside its territory.
  • The CRC is developing a new General Comment on children's rights and the environment with a specific focus on climate change, which will be informed by scientific evidence and consultations with children, experts, and State parties in 2022.

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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} }

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