74
to ensure the widest possible enjoyment of economic, social and cultural rights under
any given circumstance irrespective of the additional strain which climate change-related
events may place on available resources. States must also seek to satisfy core obligations
and protect groups in society who are in a particularly vulnerable situation, as a matter of
priority.364 States also have an obligation to protect individuals against foreseeable threats
to human rights posed by climate change, such as extreme weather events.365 In such
cases, States could be held accountable for failure to protect an individual against a harm
affecting the enjoyment of human rights.366
The CESCR warned in 2018 that a State’s failure to prevent foreseeable human rights
harm caused by climate change or to mobilize the maximum available resources to do so,
could be a breach of its obligation to respect, protect, and fulfill all human rights for all.367
States must allocate substantial financial and material resources to renewable energy
and ecological farming and control deforestation and soil deterioration.368 States should
also prioritize the needs of the vulnerable and marginalized segments of the population
through programs that increase their adaptive capacities as they transition to a low-carbon
economy.
A State’s legal obligation to respond to climate change is neither directly related nor
proportional to its contribution to climate change. States may not claim that they have
not “caused” climate change to escape the obligation to address global warming. Human
rights law requires each State to do more than merely refrain from interfering with human
rights itself. 369 It also requires each State to protect against such harms that others may
cause actively. Hence, even if it is not possible to connect a particular emission of GHG to
a specific infringement of human rights, States are still obliged to protect against the harm
caused by climate change.370
364
Committee on Economic, Social and Cultural Rights, Statement on An Evaluation of the Obligation
to Take Steps to the “Maximum of Available Resources” Under an Optional Protocol to the
Covenant, E/2008/22-E/C.12/2007/1, annex VIII (2007).
365
Relationship Between Climate Change and Human Rights Report, supra note 221.
366
Id.
367
Committee on Economic, Social and Cultural Rights, Climate Change and the International
Covenant on Economic, Social and Cultural Rights: Statement by the Committee on Economic,
Social and Cultural Rights, E/C.12/2018/1 (2018)
368
Safe Climate Report, supra note 327, at 19.
369
Id.
370
Id.
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