Exploring the Intersection and Interdependence of a Right to a Healthy Environment and a Child’s Right to Play
摘要
In 2010, Veerman, when discussing the ageing of the United Nations Convention on the Rights of the Child (UNCRC), noted that if the Convention had been written now, the ‘concern with the environment would have been more reflected in the text of the Convention’ (Veerman, 2010). Subsequently, in 2015, Desmet and Aylwin remarked that in comparison to many areas of children’s rights which have an ‘established research tradition’, such as juvenile justice and alternative care, ‘children’s rights and natural resource exploitation’ does not yet have this body of research (p. 387). Furthermore, they described that ‘the attention for resource exploitation in children’s rights (as evidenced in the concluding observations of the [Committee on the Rights of the Child]) [has] been limited at best, and non-existent at worst' (Ibid., 406). Though the right to a healthy environment is not a named right within the UNCRC, the Committee on the Rights of the Child (the Committee) has nonetheless commented on the natural world and environmental issues within its General Comments and Concluding Observation reports. The chapter starts by exploring the UNCRC itself and the jurisprudence of the Committee in the form of their Concluding Observations, in addition to their General Comments, thematically analysing references to the environment. This chapter focuses on comments and recommendations that have relevance to the right to play, in order to evaluate their relationship within the jurisprudence. The interdependence between the right to play and the right to a healthy environment is evident throughout, including, to give but one example, in a comment from the Concluding Observations to Ireland in 2016 where the Committee expressed its concerns regarding ‘households in mobile or temporary accommodation with no access to adequate water and sanitation facilities or safe and appropriate play areas (para 69.). The right to play can, therefore, be viewed from a number of perspectives such as education, socialisation and health. This chapter considers the importance of a healthy environment for the actualisation of the child’s right to play and how this has been reflected in the jurisprudence of the Committee.