3.
This expert statement is submitted in relation to the case Friends of the Irish Environment
CLG (“the Applicant”) v. The Government of Ireland, Ireland and the Attorney General (“the
Respondent”). The Applicant seeks to quash the decision of the Respondent to approve the
National Mitigation Plan published on 19th July 2017.
4.
In the Statement required to ground an application for judicial review, the Applicant
claimed, inter alia, that the Respondent’s approval of the National Mitigation Plan, absent any or
any adequate mitigation measures, is unreasonable, unconstitutional and in breach of human rights
law. According to the Statement, the Plan will impinge on and threaten: the right to life, right to
liberty and security, right to the integrity of the person, right to respect for family and private life
and home, right to property, the rights of the child, the rights of the elderly, equality between
women and men, environmental protection; and/or the unenumerated constitutional right to a
reasonable environment; and/or will breach the unenumerated constitutional commitment to
intergenerational solidarity and/or the unenumerated constitutional obligation to vigilantly and
effectively protect the environment.
5.
I will limit my consideration to one of these issues: the right to life. In this context, I will
analyze the following question: Does the Government of Ireland have positive human rights
obligations to mitigate climate change? The conclusion reached is that climate change clearly and
adversely impacts the right to life, a right which the Government of Ireland is legally obligated to
respect, protect and fulfill. Therefore, the Government of Ireland has positive human rights
obligations to mitigate climate change by rapidly reducing its greenhouse gas emissions.
II. Growing recognition of the impacts of climate change on human rights
6.
States agreed in the 1992 United Nations Framework Convention on Climate Change
(UNFCCC) that their goal is to achieve “stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference with the climate
system” (Art. 2). The UNFCCC explicitly calls for efforts to mitigate the adverse effects of climate
change including those on human health and welfare (Art. 1). At that time, however, human rights
were not explicitly included in the Convention.
7.
In the past decade, the relationship between human rights and climate change has received
increasing attention from the UN Human Rights Council, special procedures, Governments and
international bodies, including the Conference of the Parties to the UNFCCC. An important
milestone was the Male’ Declaration on the Human Dimension of Global Climate Change, adopted
by representatives of small island developing States in 2007. The Male’ Declaration was the first
intergovernmental statement explicitly recognizing that climate change has “clear and immediate
implications for the full enjoyment of human rights”, including the right to life.
8.
In 2008, the Human Rights Council adopted its first resolution on climate change and
human rights. In resolution 7/23, the Council expressed its concern that climate change poses an
immediate and far-reaching threat to people and communities around the world and has
implications for the full enjoyment of human rights.
9.
After receiving input from Governments, civil society organizations and others, OHCHR
published a report describing how climate change threatens the enjoyment of a wide range of
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents