The last year of the 1980s was defined by significant political and technological moments. The United Nations Convention on the Rights of the Child was adopted, the Berlin Wall fell, South Africa was under apartheid rule, and the Nintendo Game Boy was released. Another 1989 event garnered much less notice but held tremendous future implications. For the first time a NASA scientist testified before a United States Senate committee that he was, “99 percent certain that the warming trend (from recent years) was not a natural variation but was caused by a buildup of carbon dioxide and other artificial gases in the atmosphere.” Thirty-five years after that dramatic testimony, a new generation views the Game Boy as vintage and natural disasters are not a mere news story but something happening outside their door. The world is a different place for the approximately two billion people under eighteen years of age. It is time to update the Convention on the Rights of the Child to account for vulnerabilities caused by climate change.

Morocco Earthquake Illustrates Risks to Children

On September 8, 2023, a devastating 6.8 magnitude earthquake in Marrakesh, Morocco killed more than 2,000 people and impacted more than 100,000 children. Videos and photos of the damage and those affected, including minors, quickly circulated through social media. Hind Benameur, a prominent Moroccan education advisor, warned about posting images of children and raised concerns about potential exploitation for profit and voyeuristic purposes. Some individuals posted images with underage girls and included captions suggesting marriage or used children as props to increase their social media views. According to a local child protection association, children have fallen victim to illegal adoption schemes. Pictures uploaded on the internet never fully disappear and they endanger children’s lives.

In December 2022, the Inter-Agency Coordination Group Against Trafficking in Persons (ICAT) released a Call to Action report. Yet, eight months later, when the earthquake struck Marrakesh, this UN policy group never reaffirmed its urgent request for cooperation. This crisis was a moment for ICAT to support and defend those who are particularly vulnerable to trafficking: children. It should have reminded member states of their obligation to protect children by “…recognizing that they may be victims of trafficking or at risk of trafficking and sexual or other forms of violence and exploitation,” according to its report. Equally silent were UN Human Rights Council appointments: Siobhán Mullally, the Special Rapporteur on trafficking in persons, especially women and children, and Tomoya Obokata, the Special Rapporteur on contemporary forms of slavery. Human trafficking thrives on the vulnerability of victims. Individuals are especially at risk during armed conflict, natural disasters, poverty, and political unrest. Children are among the most vulnerable after crises, including environmental catastrophes. Unfortunately, current mechanisms do not adequately protect them from growing climate disasters.

Children’s Rights Must be Revised Amid Ongoing Climate Disasters

Two mechanisms that warrant updating are the UN Committee on the Rights of the Child (CRC) and the UN Convention on the Rights of the Child. The CRC monitors the implementation of the convention by its member states. The convention establishes that member states must “take all appropriate national, bilateral, and multilateral measures to prevent the abduction of, sale of, or traffic in children for any purpose or in any form.” One year ago, the CRC took the first step toward acknowledging, as it stated, “the harmful impacts of ‘the climate emergency’ on children.” It announced legislative and administrative measures member states should “urgently implement” to address the adverse effects of environmental degradation and climate change on children’s rights. The CRC’s recognition that children deserve to be protected from injury and supported once they are harmed is admirable. However, it did not address enforcement. The convention must be updated to expand the committee’s powers to issue reprimands.

International Criminal Court Can Support Human Trafficking Victims

The ultimate opportunity for enforcement of children’s rights related to climate change lies with the International Criminal Court (ICC). One recent high-profile case before the ICC-and a policy report released nine months later-set precedents for future rulings on behalf of children. In 2023, the ICC issued a warrant for Vladimir Putin’s arrest for the unlawful deportation and transfer of Ukrainian children. Despite this human trafficking-related warrant, the ICC has never heard a trafficking case. A UN protocol agreement signed by 80 countries in 2000 is an asset that could support future ICC cases. The purpose of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, is to “prevent and combat trafficking in persons,” particularly women and children; “protect and assist the victims of such trafficking…; and “to promote cooperation among States Parties in order to meet those objectives.” However, the protocol cannot be used to initiate investigations or prosecution. This is the responsibility of the ICC. Working together, these resources can protect children’s rights during environmental disasters.

The Strongest Voices for Climate Action Are Also its Most Vulnerable

A common argument for reducing carbon dioxide emissions is to preserve the earth for future generations. Youth are powerful advocates for climate action, but they are also at great risk during environmental catastrophes. This vulnerability will increase as the effects of climate change are undeniable and will exponentially worsen. The core United Nations human rights instruments date back to 1948, and updates would have been necessary even without climate change. Given the environmental crisis backdrop that permeates children’s lives, the Convention of the Rights of the Child needs to reflect this reality. Likewise, the ICC must use its power to support and protect children vulnerable to trafficking during climate disasters.

Nia McBean-Linton holds a B.A. in international studies from American University’s School of International Service. Her academic focus was on justice, ethics, and human rights, and she is passionate about youth development and conflict resolution. As a mediator with The Conflict Resolution Center of Montgomery County, Nia guides students through forming nonviolent solutions for conflict and assists with the training of new mediators. She has earned the United States President’s Volunteer Service Award the past two years for her work with the Center. She is a member of the Sigma Iota Rho honor society for international studies and wrote for American University’s Juris Mentem Law Review Journal. Nia speaks French fluently and is a beginner in Arabic. She plans to attend law school and pursue a career in international human rights law or rule of law development.