77
On 4 November 2016, the Paris Agreement383 was adopted through the continued
cooperation and efforts of UNFCCC member states. The Agreement acknowledged the link
between climate change and the enjoyment of human rights, albeit implicitly:
Acknowledging that climate change is a common concern of humankind,
Parties should, when taking action to address climate change, respect,
promote and consider their respective obligations on human rights, the
right to health, the rights of indigenous peoples, local communities,
migrants, children, persons with disabilities and people in vulnerable
situations and the right to development, as well as gender equality,
empowerment of women and intergenerational equity.384
The entry into force of the Paris Agreement was a momentous occasion in the multilateral
process of climate action. For the first time, a binding agreement brought all nations together
to make ambitious efforts in the reduction of emissions to combat climate change and to
adapt to its effects.
However, it should be noted that in implementing emissions reduction targets and
adaptation strategies, States should comply with the tenets of climate justice.385
The Sustainable Development Goals386 promote the view that States should pursue justice
in addressing climate change. In particular, climate justice is essential in Goal 13: Climate
Action.387 Climate justice demands fairness and equity in the way people are treated,
linking development and human rights to achieve a rights-based approach in addressing
climate change.388
All the above-mentioned instruments and principles clearly point to the imperative
obligation of States to mitigate climate change in order to fully protect human rights. States
must address the harm caused by climate change, as it is a critical human rights concern
383
Paris Agreement to the United Nations Framework Convention on Climate Change, Dec. 12, 2015,
T.I.A.S. No. 16-1104 [hereinafter Paris Climate Agreement].
384
Id. Preamble.
385
IPCC, AR6, WGII, SPM, supra note 281.
387
Target 13.b seeks to “promote mechanisms for raising capacity for effective climate change-related
planning and management in least developed countries and small island developing States,
including focusing on women, youth and local and marginalized communities” and “acknowledging
that the United Nations Framework Convention on Climate Change is the primary international,
intergovernmental forum for negotiating the global response to climate change.” The focus on those
most vulnerable to climate change promotes the goals of climate justice.
386
388
United Nations General Assembly, Transforming our World: The 2030 Agenda for Sustainable
Development, A/RES/70/1 (2015).
IPCC, AR6, WGII, SPM, supra note 281.
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