The Impact Of Climate Change On The Rights Of The Child Challenge For Realizing The Rights Of The Child Under The Convention On The Rights Of The Child

Because of the increasing adverse impacts of climate change on the environment and consequentrnnegative effects on the enjoyment of virtually the whole range of human rights protected underrndifferent national, regional and international legal instruments. There is an increasing empiricalrnevidence proving that climate change is not only about change in temperature, precipitationrnlevel, melting of the ice or rise in the sea level, but also up hold the enjoyment of human rights.rnBut, as the level of human impact much depends on the adaption and resilience capacity ofrnStates, there is usually variation even among different groups in a certain State or internationally,rnowing to vulnerability factors such as, gender, age, dependence and others. Among others, due torntheir particularly sensitive physiological, metabolic and cognitive immaturity and reliance onrnadults, children are more prone to the adverse effects of climate change than adults. In spite ofrnthese, the international effort to put right the problem through a binding comprehensive accord,rnthough indispensible, is too sluggish, often entangled and incomprehensive in terms ofrnaddressing human rights dimensions. It is, therefore, indispensible to explore and utilize humanrnrights frameworks as a complementary approach.rnThough the right to clean and healthy environment is not explicitly recognized under majorrninternational human rights instruments, including the Convention on the Rights of the Child, thernalready existing human rights normative standards can be reinterpreted to encompass thernenjoyment of an environment of a particular quality so as to afford the full protection the rightsrnprotection aspire. This, human rights based approach, is a relatively sustained approach andrnwidely pursued in the human right-climate change justificatory arguments. On the basis of thisrnintegrative approach, this study inquires into the direct and indirect adverse impacts of climaternchange on the rights of the child as set forth under the Convention on the Rights of the Child;rnfocusing on the right to life, survival and development, the right to health, the right to adequaternstandard of living. It then moves on to explore the normative basis upon which States obligationrnto act to prevent damages caused by climate change hinges upon, norms applicable to establishrnStates’ responsibility and, finally, the role the Committee on the Rights of the Child can play inrnmonitoring and enforcing States obligations vis-à-vis the impact of climate change on the rightsrnof the child – based on its mandates as enunciated under the Convention on the Rights of thernChild.

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