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Boshoff/Protecting the African child in a changing climate
well covered by the African human rights system. The African
Children’s Rights Charter does not provide for the rights to a healthy
environment and sustainable development. However, this may be
remedied, at least to some extent, through reading the African
Children’s Rights Charter holistically, and taking into account the best
interest of the child, as well as reading it in conjunction with the other
regional instruments.
What is needed from states going forward from this juncture is a
clear, holistic approach to implementation of their obligations towards
children in the context of climate change as outlined above. From the
interrelated nature of the rights considered above, it is clear that states
cannot address these complex issues in isolation, with the overlap
between the right to education, the right to nutrition and food security,
clean water, sexual and reproductive rights being just one example.
Furthermore, there is a need for states to go to the root causes of human
rights challenges, including conflict and migration, food security and
access to other socio-economic rights, which in the 21st century is
becoming more and more related to and magnified by a changing and
more unpredictable environment.
In order to address the inadequacy of current programmes and
policies for implementation at the regional and national levels, there is
a particular need for states to reconsider 1) policies and laws related to
migration at national and regional level, as well as regional cooperation
agreements, to provide for the very real challenge of climate refugees,
2) a rethinking of development policies to bring them in line with a
child-centred approach and in full consciousness of the current and
future challenges posed by climate change and 3) taking seriously the
role of children in finding solutions to climate problems and
contributing to mitigation and adaptation strategies, rather than just
being victims that need protection. In order to do this, states and
regional inter-governmental organisations should set up systems to
track accurate data related to the impacts of climate change on
children, disaggregated according to sex and age and should create the
spaces for children to learn about climate change and engage with the
solutions. Finally, states should take ownership of their responsibilities
under the Paris Agreement which came into effect in November 2016,
being the latest of the multi-lateral agreements aimed at ensuring that
the global temperature rise remains below two degrees, in fulfilment of
their Nationally Determined Contribution. Finally States that have not
yet signed and ratified the Paris Agreement should do so in order to
show their commitment to addressing this global challenge.