Inaction on climate change – a violation of children's rights
Reply to Recommendation
| Doc. 15590
| 01 July 2022
- Author(s):
- Committee of Ministers
- Origin
- Adopted at the 1437th meeting
of the Ministers’ Deputies (15 June 2022). 2022 - Third part-session
- Reply to Recommendation
- : Recommendation 2219
(2022)
1. The Committee of
Ministers has carefully examined Parliamentary Assembly
Recommendation 2219 (2022) which describes inaction on climate change as a violation
of children's rights. The recommendation has been brought to the
attention of the governments of member States and forwarded to the
Steering Committee for Human Rights (CDDH) and the Steering Committee
for the Rights of the Child (CDENF), for information and possible
comments.
2. The Committee of Ministers welcomes the Parliamentary Assembly’s
focus on the issue of climate change in the context of the protection
of the rights of the child. It acknowledges that the environmental
crisis may put children at particular risk of harm, given the consequences
of climate change and environmental degradation on children's enjoyment
of the highest attainable standard of physical and mental health.
3. With regard to the proposal in paragraph 2.1, the Committee
of Ministers informs the Assembly that the Council of Europe
Strategy
for the Rights of the Child (2022-2027) was adopted by the Committee of Ministers on 23 February
2022 and officially launched at a high-level conference in Rome
(Italy) on 7 and 8 April 2022. During this Conference, two deep
dive conversations entitled “Recognising and enforcing children's environmental
rights” and “Understanding the challenges faced by children as defenders
of human rights” took place. In addition, the sixth objective of
this Strategy, on “Children's rights in crisis or emergency situations”, aims
to recognise the human rights obligations in the field and to facilitate
children's access to justice in relation to environmental harm.
The biennial Action Plans are under preparation and will be a tool
to follow close collaboration with internal and external partners,
in the years to come.
4. With regard to paragraph 2.2, the Committee of Ministers acknowledges
the potential value of children's participation when anchoring the
right to a clean, healthy and sustainable environment. Accordingly,
the fifth strategic objective of the new Strategy foresees the protection
and empowerment of children as defenders of human rights and of
the environment, whose participation can be of value for the co-design
of environmental policies. In this respect, the Committee of Ministers
would point out that a report on children as defenders of human
rights will soon be initiated by the CDENF.
5. The Committee of Ministers further recalls that, whilst neither
the European Convention on Human Rights nor its Protocols expressly
recognise a right to a healthy environment, they offer a certain
degree of protection in relation to environmental issues through
existing Convention rights and their interpretation in the case
law of the European Court of Human Rights. It notes that the draft
recommendation on human rights and the environment prepared by the
CDDH aims to reaffirm human rights standards which are linked to environmental
issues and aims to help member States, where necessary, to fulfill
their obligations and commitments to respect and protect human rights
against violations linked to environmental factors. In this context,
it will also address the need to take into account the concept of
intergenerational equity and for adequate measures to protect the
rights of those who are most at risk from environmental harm. In
particular, special safeguards should be taken, including appropriate
legal protection, to protect children from foreseeable environmental
damage. The draft recommendation will also refer to the need for
policies or measures to promote participation by children and youth
in environmental decision making and create opportunities for intergenerational
dialogue. In this context, initiatives by children and young people,
which promote sustainable development and environmental protection,
should be encouraged and supported.
6. With regard to paragraph 2.3, the Committee of Ministers took
note of the Assembly’s innovative proposal to establish a legal
status for climate or environmental refugees at international and
European level. However, the establishment of such a statute does
not fall within the mandate of the Council of Europe and is therefore
not foreseen in the Council of Europe’s programme of activities.
7. With regard to paragraph 2.4, the Committee of Ministers joins
the Assembly in calling on member States to honour their international
commitments under the 2030 Agenda for Sustainable Development, the
Paris Agreement and the United Nations Convention on the Rights
of the Child.