recognized the existence of an irrefutable relationship between the protection of the environment
and the realization of other human rights, due to the fact that environmental degradation affects
the effective enjoyment of other human rights. 31 The opinion states, in particular, that the adverse
effects of climate change affects human rights.32 The IACHR refers to a resolution of the General
Assembly of the Organization of American States AG/RES. 2429, which highlighted that climate
change has adverse effects on the enjoyment of human rights. 33 The Court also referred to several
resolutions and reports from the UN Human Rights Council, stating that climate change has diverse
impacts on the effective enjoyment of human rights, such as the right to life. 34
The Climate Change and Human Rights Jurisprudence of National Courts
38.
National courts in other countries have confirmed that by failing to establish or implement
adequate measures to address climate change, governments violate their human rights obligations
related to the right to life.
Pakistan
39.
In Leghari v. Federation of Pakistan, the Lahore High Court Green Bench determined that
the inaction, delay, and lack of seriousness of the national government in implementing the
National Climate Change Policy of 2012 and the Framework for Implementation of Climate
Change Policy (2014-2030) offended the fundamental constitutional rights to life and dignity of
Pakistani citizens. The relief granted included
1) directing multiple government Ministries, Departments and Authorities to nominate a
climate change focus person to help ensure the implementation of the relevant policy and
framework,
2) directing them to present a list of adaptation points that could be achieved by 31
December 2015, and
3) creating a Climate Change Commission to assist the Court in monitoring the progress
31
Inter-American Court of Human Rights, Environment And Human Rights, Advisory Opinion Oc-23/17
of 15 November 2017, requested by the Republic of Colombia, Official Summary Issued By The InterAmerican Court, available at: http://blogs2.law.columbia.edu/climate-change-litigation/wpcontent/uploads/sites/16/non-us-case-documents/2017/20171115_OC-2317_opinion-2.pdf, pp. 2-3.
32
Inter-American Court of Human Rights, Environment And Human Rights, Advisory Opinion Oc-23/17
of 15 November 2017, requested by the Republic of Colombia, available at:
https://www.elaw.org/system/files/attachments/publicresource/seriea_23_esp.pdf, para 47.
33
Ibid, para 49.
34
Human Rights Council, Resolution 35, entitled "Human rights and climate change", adopted on June
19, 2017, UN Doc. A / HRC / 35 / L.32; Human Rights Council, Report of the Special Rapporteur on the
issue of human rights obligations related to the enjoyment of a safe environment, clean, healthy and
sustainable, 1 February 2016, UN Doc A / HRC / 31 / 52, paras. 9 and 23; Human Rights Council, Report
of the Office of the United Nations High Commissioner for Human Rights on the relationship between
climate change and human rights, January 15, 2009, UN Doc. A / HRC / 10/61, paras. . 18 and 24, and
Human Rights Council, Analytical study of the relationship between human rights and the environment,
Report of the United Nations High Commissioner for Human Rights, December 16, 2001, UN Doc. A /
HRC / 19/34, para. 7; Human Rights Council, Resolution 7/14, entitled "The right to food", approved on
March 27, 2008, A / HRC / 7 / L.11; Human Rights Council, Resolution 10/12, entitled "The right to
food", adopted on March 26, 2009, A / HRC / RES / 10/12, and Human Rights Council, Resolution 13/4,
entitled " The right to food ", approved on March 24, 2010, A / HRC / RES / 13/4. Human Rights Council,
Analytical study of the relationship between human rights and the environment, Report of the United
Nations High Commissioner for Human Rights, adopted on December 16, 2001, UN Doc. A / HRC / 19 /
34, para. 49.
9
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