14 Jul Legal Policy Brief: Unprecedented Document Expands the Debate on Children’s Right to Nature
The Legal Policy Brief “The Right of Children and Adolescents to Nature and to a Healthy Environment” marks the beginning of a new perspective in the legal debate on this subject:
Access to and connection with nature must be recognized as a fundamental right of childhood.
This is the first Legal Policy Brief published by the Criança e Natureza program. This type of document serves to bring together the main legal foundations concerning a given topic, in order to support its development and recognition within the field of Law.
Through an expanded approach to the rights of protection and conservation of nature, this new publication presents the legal frameworks that address the right of children to nature, with the aim of introducing them to the Justice System and to various partners working at the intersection of environmental and childhood agendas.
The publication is organized into five sections:
PART 1 A brief historical overview of legal norms on the human right to nature
PART 2 Nature as an essential element for the guarantee of human rights and the holistic development of children and adolescents
PART 3 The right of children and adolescents to nature
PART 4 The role of children and adolescents in defending the right to nature
PART 5 Initiatives for the realization of children’s rights to nature
Children need nature, and nature needs children
Although children’s right to nature and to an ecologically balanced environment is already recognized by the Federal Constitution, in Article 225, children remain the most affected by climate change and are still not at the center of discussions on climate justice.
The impacts of climate change, biodiversity loss, and pollution threaten the present and future of children around the world, including in Brazil.
“In legal terms, we have sought to contribute to the effective implementation of Articles 225 and 227 (which addresses the absolute priority of children) of the Federal Constitution. It is precisely this in-depth exploration of the combination of these two constitutional provisions—guaranteeing fundamental rights—that the Legal Policy Brief endeavors to undertake, demonstrating in a clear and consistent manner that the right of the child to nature cannot be denied or taken away from present generations,” explains Isabella Henriques, Executive Director of Instituto Alana.
Children need contact with healthy and safe natural environments in order to flourish!
Access to and connection with nature enhance the most important milestones of a healthy childhood—immunity, physical ability, memory, active learning, creativity, and sociability—and significantly contribute to children’s holistic development. These benefits are mutual: a child who nurtures an emotional bond and recognizes themselves as part of the environment in which they live also cares about its protection and the conservation of nature.
“The right of children to access, connect with, and benefit from a healthy environment must be addressed through a rights-based approach to nature protection and conservation. It is essential that the principle of intergenerational equity remain at the center of this debate. After all, each generation shares the Earth in common with members of both the present and future generations,” states Angela Barbarulo, lawyer for the Children and Nature program.