CRC/C/88/D/104/2019
United Nations
Convention on the
Rights of the Child
Distr.: General
11 November 2021
Original: English
Committee on the Rights of the Child
Decision adopted by the Committee under the Optional
Protocol to the Convention on the Rights of the Child on a
communications procedure, concerning communication
No. 104/2019*, **
Communication submitted by:
Chiara Sacchi et al. (represented by counsel Scott
Gilmore et al., of Hausfeld LLP, and Ramin
Pejan et al., of Earthjustice)
Alleged victims:
The authors
State party:
Argentina
Date of communication:
23 September 2019 (initial submission)
Date of adoption of decision:
22 September 2021
Subject matter:
Failure to prevent and mitigate the consequences
of climate change
Procedural issues:
Jurisdiction; victim status; failure to exhaust
domestic remedies; substantiation of claims;
inadmissibility ratione temporis
Substantive issues:
Right to life; right of the child to the enjoyment
of the highest attainable standard of health; right
of the child to enjoy his or her own culture; best
interests of the child
Articles of the Convention:
6, 24 and 30, read in conjunction with article 3
Articles of the Optional Protocol:
5 (1) and 7 (e)–(g)
1.1
The authors of the communication are Chiara Sacchi, a national of Argentina; Catarina
Lorenzo, a national of Brazil; Iris Duquesne, a national of France; Raina Ivanova, a national
of Germany; Ridhima Pandey, a national of India; David Ackley III, Ranton Anjain and
Litokne Kabua, nationals of the Marshall Islands; Deborah Adegbile, a national of Nigeria;
Carlos Manuel, a national of Palau; Ayakha Melithafa, a national of South Africa; Greta
Thunberg and Ellen-Anne, nationals of Sweden; Raslen Jbeili, a national of Tunisia; and Carl
Smith and Alexandria Villaseñor, nationals of the United States of America. At the time of
the submission of the complaint, the authors were all under the age of 18 years. They claim
that, by failing to prevent and mitigate the consequences of climate change, the State party
* Adopted by the Committee at its eighty-eighth session (6–24 September 2021).
** The following members of the Committee participated in the examination of the communication:
Suzanne Aho, Hynd Ayoubi Idrissi, Rinchen Chophel, Bragi Gudbrandsson, Philip Jaffé, Sopio
Kiladze, Gehad Madi, Faith Marshall-Harris, Benyam Dawit Mezmur, Clarence Nelson, Otani
Mikiko, Luis Ernesto Pedernera Reyna, Zara Ratou, José Ángel Rodríguez Reyes, Aïssatou Alassane
Sidikou, Ann Marie Skelton, Velina Todorova and Benoit Van Keirsbilck.
GE.21-16501(E)