For the Court, and having regard to its case-law, the State’s duty to safeguard the right to life must also be considered to involve the taking of reasonable measures to ensure the safety of individuals in public places and, in the event of serious injury or death, having in place an effective independent judicial system securing the availability of legal means capable of establishing the facts, holding accountable those at fault and providing appropriate redress to the victim. Taking such precedent into account, the Honourable Commission may reasonably conclude that: (i) the right to life requires an investigation into the thousands of death of Filipinos connected to climate change, and consideration of the accountability of the carbon majors; and (ii) the appropriate questions for determining the responsibility of the carbon majors (on the basis that the carbon majors have obligations to respect the right to life) are as follows: a. Were the carbon majors aware of the risks to life (and other rights caused by their activities)? b. If so, did they take reasonable steps to prevent those risks occurring? c. Have their acts and / or omissions materially contributed to violations of the right of the Petitioners? 6.2 Breach of an obligation of a duty of care regarding the impacts of their activities on The Philippines The law of negligence gives practical effect to a basic and essential idea of social responsibility: that people should take reasonable care to avoid causing harm to others (that they owe a ‘duty of care’ to those who may be affected by their actions). In most common law jurisdictions establishing negligence requires proof of the following 4 elements: i) Duty of care; ii) Breach of duty; iii) Causation; and iv) Damages. Duty of care Different common law jurisdictions have adopted different approaches to establishing a duty of care. Central to the concept, however, is the 'reasonable foreseeability' of harm (indeed some jurisdictions, such as the US States of Florida and Massachusetts, make it the only test). Another key consideration 27