1- Department of Public International Law, Science and Research Branch, Islamic Azad University, Tehran, Iran. 2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract: (33 Views)
Background and Aim: Children, as one of the most vulnerable segments of society, require a clean and healthy environment, quality healthcare, adequate nutrition, secure housing and social support to achieve healthy development. Climate change, in addition to threatening natural and economic resources, poses a serious challenge to the realization of children’s right to health. The adverse effects of climate change-such as air pollution, altered weather patterns and instability in water and food resources-directly impact the physical and mental health of children, thereby underscoring the urgent need to review and develop new legal frameworks to safeguard this fundamental right. Methods: This research employs a descriptive-analytical approach, utilizing an extensive review of the literature and legal and scientific documents. It relies on articles published in English between 2019 and 2024, accessed through Google Scholar and other reputable sources, to examine the relationship between climate change and children’s right to health. In addition to a theoretical analysis, the opinions and assessments of experts in international environmental law and children’s rights have also been evaluated. Ethical Considerations:In the compilation of this article, ethical aspects including preserving the authenticity of the texts, honesty, trustworthiness, satisfaction and information have been observed. Results:The findings indicate that climate change plays a decisive role in threatening children’s health by creating adverse environmental conditions, such as air pollution, diminished water quality and shifting climate patterns. The Committee on the Rights of the Child, in its new general comment, emphasizes the interconnection between environmental quality and children’s rights, highlighting the necessity of articulating the right to health in the face of climate threats. Moreover, the principles and obligations enshrined in international environmental law, which recognize access to a clean and healthy environment as a fundamental human right, form the legal basis for protecting children’s health against the impacts of climate change. Conclusion:Drawing on the Committee on the Rights of the Child’s general comment and the concept of intergenerational justice, this study argues that protecting the right to health for children in the context of climate change requires international cooperation and the adoption of legal approaches based on the principle of common but differentiated responsibilities. States are obliged to formulate and implement policies that not only mitigate the negative effects of climate change but also strengthen health infrastructures and medical care services at national and regional levels. These measures must be underpinned by the best available scientific evidence and modern technologies to ensure that while the rights of the current generation are upheld, the future health and well-being of children are also guaranteed.
Mirbod L, seyed nasseri M. An Inquiry into the Protection of Children’s Right to Health in the Context of Climate Change. HLJ 2024; 2 (2) :1-15 URL: http://healthlawjournal.ir/article-1-95-en.html