A/74/161
Discrimination Against Women has demonstrated leadership in this area, making
climate-related recommendations to three quarters of the States it reviewed.
A.
State obligations
62. States have obligations to protect human rights from environmental harm and
obligations to fulfil their international commitments. 81 The foreseeable and
potentially catastrophic adverse effects of climate change on the enjoyment of a wide
range of human rights give rise to extensive duties of States to take immediate actions
to prevent those harms. To comply with their international human rights obligations,
States should apply a rights-based approach to all aspects of climate change and
climate action. Applying a rights-based approach clarifies the obligations of States
and businesses; catalyses ambitious action; highlights the plight of the poorest and
most vulnerable; and empowers people to become involved in designing and
implementing solutions.
63. The framework principles on human rights and the environment clarify three
categories of State obligations: procedural, substantive, and special obligations
towards those in vulnerable situations. 82 The framework principles can be
operationalized in the context of climate change in order to respect, protect and fulfil
human rights.
64.
Pursuant to international human rights law, States have procedural obligations to:
(a) Provide the public with accessible, affordable and understandable
information regarding the causes and consequences of the global climate crisis,
including incorporating climate change into the educational curriculum at all levels;
(b) Ensure an inclusive, equitable and gender-based approach to public
participation in all climate-related actions, with a particular emphasis on empowering
the most affected populations, namely women, children, young people, indigenous
peoples and local communities, persons living in poverty, persons wit h disabilities,
older persons, migrants, displaced people, and other potentially at-risk communities;
(c) Enable affordable and timely access to justice and effective remedies for
all, to hold States and businesses accountable for fulfilling their climate change
obligations;
(d) Assess the potential climate change and human rights impacts of all plans,
policies and proposals, including both upstream and downstream effects (i.e. both
production- and consumption-related emissions);
(e) Integrate gender equality into all climate actions, enabling women to play
leadership roles;
(f) Respect the rights of indigenous peoples in all climate actions, particularly
their right to free, prior and informed consent;
(g) Provide strong protection for environmental and human rights defenders
working on all climate-related issues, from land use to fossil fuels. States must
vigilantly protect defenders from harassment, intimidation and violence. 83
65. With respect to substantive obligations, States must not violate the right to a
safe climate through their own actions; must protect that right from being violated by
third parties, especially businesses; and must establish, implement and enforce laws,
policies and programmes to fulfil that right. 84 States also must avoid discrimination
and retrogressive measures. These principles govern all climate actions, including
obligations related to mitigation, adaptation, finance, and loss and damage.
66. Human rights obligations are reinforced by international environmental law, as
States are obliged to ensure that polluting activities within their jurisdiction or control
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81
82
83
84
16/22
Update (Center for International Environmental Law and Global Initiative for Economic, Social
and Cultural Rights, 2019).
A/HRC/25/53.
A/HRC/37/59, see annex.
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
(A/RES/53/144) and Human Rights Council resolution 40/11 on recognizing the contribution of
environmental human rights defenders to the enjoyment of human rights, environmental
protection and sustainable development (A/HRC/RES/40/11).
Committee on Economic, Social and Cultural Rights, general comment No. 3 on the nature of
States parties’ obligations (E/1991/23).
19-11977