Centre for Justice & International Law, Global Action Plan and Kyklos present expert evidence about children’s health at historic climate hearing in Brasil
The Inter-American Court of Human Rights has held a historic hearing on States’ positive obligations concerning children’s rights in light of the climate emergency. Not only is the scope of the Court’s ruling anticipated to be precedent setting, the hearing’s setting and broad participation by civil society was as well. The Court sat for the first time in Brazil: first in the capital and then in Manaus in the Amazon, where the effects of deforestation and environmental damage on children’s right to life, health, and dignity can be directly observed.
The Inter-American Court is the only regional human rights court to receive a request for an advisory opinion on the climate emergency. Its response could provide guidance to the States of the region for the development of policies and programs at the local, national, and international levels in accordance with the commitments assumed under the American Convention on Human Rights, and other human rights and environmental treaties.
Moreover, those facing the gravest consequences of climate change, indigenous groups, afro-descendant communities, and most importantly children, had a prominent voice at the hearing. The Court spent significant time hearing directly from children, who spoke with great maturity and passion. Joselim, 17, from Peru, and Camila, 14, from El Salvador, told the Court how the climate crisis is depriving them of their rights in the Convention of the Rights of the Child, such as education, survival and development.
The Court showed particular interest in the Amicus submissions on the mental health impact of climate change on children and on the potential policies that might mitigate this. A new report by leading mental health experts was commissioned by CEJIL to assist the Court on this issue.
The experts wrote that children’s mental health is harmed directly and indirectly by climate change-related disasters and slow-onset events. Directly, these events lead to post-traumatic stress disorder (PTSD), depression and anxiety, and sleep disorders. Moreover, children’s mental health is impacted indirectly as they disproportionately bear the brunt of the consequent family disruption, food shortages, intergroup conflict, economic dislocation, forced migration, violence, abuse and neglect. Further, children’s frequent exposure to distressing information about the consequences of climate change can give rise to a state of hopelessness and helplessness, and may contribute to depression and anxiety. It is hoped that the Court will dedicate particular attention to these issues in its ruling.
Kyklos, an NGO working with children and teenagers from rural and urban areas across Chile, consulted 124 children about their concerns and priorities in relation to climate change. Whilst they noted the importance of mitigation measures, their focus was on government adaptation measures to help protect them and their families from extreme weather events. Accordingly, Ben Cooper KC in oral submissions emphasised the obligations on states parties to adopt both systemic adaptation measures, like those relating to air quality or drinking water, and direct physical interventions like constructing sea defences. In light of the recent judgment in Klimaseniorinnen, he then turned to extraterritoriality and argued that states owed positive obligations to children who are outside their territory but who are foreseeably affected by the transboundary impacts of their emissions. He submitted that this was a position consistent with customary international law on transboundary harm, which requires States to provide prompt, adequate and effective redress to victims of transboundary harm.
The Amicus Brief and the expert report can be found here.
Ben Cooper KC represented CEJIL and the environmental organisations GAP and Kyklos at the hearing based on the Amicus Brief submitted on their behalf, which was co-authored with Toby Fisher, Finnian Clarke and Louise Willocx.
The expert team on children´s physical health commissioned by CEJIL included Ana Bonell and Rob Hughes of the London School of Hygiene and Tropical Medicine, United Kingdom; McKenna Parnes of the University of Washington, United States of America; and Audrey Prost of the University College London, United Kingdom.
The expert team on children´s mental health commissioned by CEJIL included Susan Clayton of Wooster University, United States of America; Emma Lawrance of the Imperial College London, United Kingdom; McKenna Parnes of the University of Washington, United States of America; Ann Sanson of the University of Melbourne, Australia and, Ans Vercammen of the University of Queensland, Australia.
