1.2 Human Rights and the Climate Change Negotiations under the UNFCCC Although the U.N. Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol11 do not include references to international human rights law, a number of states, particularly small island developing states and least developed countries, supported by countries such as Switzerland and Bolivia, have been instrumental in bringing attention to the human rights aspects of climate change.12 The UN Human Rights Council (UNHRC) has adopted two resolutions on human rights and climate change,13 and commissioned a study from the Office of the High Commissioner on Human Rights (OHCHR), which stated that “human rights standards and principles should inform and strengthen policy measures in the area of climate change.”14 The United Nations High Commissioner on Refugees (UNHCR) has also issued a position paper on the links between climate change and human displacement.15 In addition, the UNFCCC Conference of the Parties (COP) has officially recognized: that the adverse effects of climate change have a range of direct and indirect implications for the effective enjoyment of human rights and that the effects of climate change will be felt most acutely by those segments of the population that are already vulnerable owing to geography, gender, age, indigenous or minority status and disability.16 Indeed, the decision of the Ad Hoc Working Group on Long-term Cooperative Action, adopted at COP16 in 2010, states unequivocally that “Parties should, in all climate changerelated actions, fully respect human rights.”17 States’ duties under the UNFCCC, and the actions they take in response to climate change more generally, are therefore reinforced and constrained by obligations to protect, respect and fulfil human rights.18 As a result, the human rights ramifications of climate change hold significant implications for policy-makers, who must effectively act to mitigate and adapt to the effects of climate change while complying with obligations under international human rights law. World Bank, “Turn Down the Heat: Why a 4°C Warmer World Must be Avoided” (2012) at 1, online: The World Bank <http://climatechange.worldbank.org/sites/default/files/Turn_Down_the_heat_Why_a_4_degree_centrigrad e_warmer_world_must_be_avoided.pdf>. 2 United Nations Environment Program, “Climate Change Mitigation”, online: United Nations Environment Program <http://www.unep.org/climatechange/mitigation/>. 3 European Commission, “Adaptation to climate change”, online: European Commission <http://ec.europa.eu/clima/policies/adaptation/index_en.htm>. 4 The Center for International Environmental Law, “Climate Change and Human Rights: A Primer”, online: The Center for International Environmental Law <http://ciel.org/Publications/CC_HRE_8July2013.pdf> (originally adapted from Office of the High Commissioner for Human Rights, Human Rights Council Resolution 7/23 ‘Human Rights and Climate Change’: Submission of the Maldives to the Office of the UN High Commissioner for Human Rights, OHCHR, (2008), online: OHCHR <http://www.ohchr.org/Documents/Issues/ClimateChange/Submissions/Maldives_Submission.pdf>. 1 7