United Nations Secretary-General Ban Ki-moon has affirmed: “There is virtually no aspect
of our work that does not have a human rights dimension. Whether we are talking about
peace and security, development, humanitarian action, the struggle against terrorism, climate
change, none of these challenges can be addressed in isolation from human rights.”5 This
understanding led to the adoption in 2003 by the United Nations of a Statement of
Common Understanding on Human Rights-Based Approaches to Development
Cooperation and programming6 and, in 2009, the creation of the UN Development Group’s
Human Rights Mainstreaming Mechanism (UNDG-HRM).7
Over the last decade, increasing attention has also been given to human rights in the context
of climate change policy-making, prompted in large measure by the efforts of small island
developing states (SIDS), least developed countries (LDCs), Indigenous peoples, and other
activists, who have helped place a greater focus on the human dimensions of climate change.
This greater focus on human rights in the climate change arena also coincides with the
growing importance of rights-based approaches to governance more generally, in the fields
of development, health, and environment.8
In the context of climate change governance, a rights-based approach seeks to ensure that
responses to climate change protect, respect, and fulfil human rights obligations and that
human rights find application throughout the various stages of climate responses (including
planning, funding, implementation, monitoring, and evaluation). The influence of this
approach on policy-making varies with the type of human rights responsibility involved:
while the responsibility to protect and respect human rights constrains policy-making, the
responsibility to fulfil human rights guides and supports policy-making. Ultimately, a rightsbased approach posits that if policy-makers applied the full range of their existing human
rights obligations in a proactive manner, the global response to climate change would be
significantly strengthened.
The ICESCR provides an important legal justification for an international response to
climate change founded on a rights-based approach – that is, an approach founded on the
existing obligations of States to respect, protect, and fulfil the rights protected in ICESCR,
including through the provision of international funding, assistance, and cooperation by
developed countries for the fulfilment of human rights in developing countries. As the
Committee on Economic, Social and Cultural Rights (CESCR) has stated, “in accordance
with Articles 55 and 56 of the Charter of the United Nations, with well-established principles
of international law, and with the provisions of the Covenant itself, international cooperation
for development and thus for the realization of economic, social and cultural rights is an
obligation of all States.”9
This approach requires that developed and developing countries alike comply with the
minimum core obligations under each human right; take deliberate, concrete and targeted
measures to move as expeditiously and effectively as possible towards the full realization of
rights; and guarantee non-discrimination in access to these rights in spite of the impacts and
consequences of climate change. Developed States remain under the obligation to cooperate
in assisting developing countries with the implementation of economic, social and cultural
rights in light of these same impacts and consequences.10
6