71 of climate change. The OHCHR maintains that “States (duty-bearers) have an affirmative obligation to take effective measures to prevent and redress these climate impacts, and therefore, to mitigate climate change and to ensure that all human beings (rights-holders) have the necessary capacity to adapt to the climate crisis.”352 Although human rights obligations concerning climate change are still evolving, various international laws, treaties, and principles already confirm that States have the responsibility to mitigate climate change impacts in a manner anchored on human rights, “irrespective of whether or not climate change effects can be construed as human rights violations. Human rights obligations provide important protection to individuals whose rights are affected by climate change.”353 Because it is generally viewed that climate change is a type of environmental harm, the human rights obligations in environmental harm also generally apply to climate change.354 The framework principles on human rights and the environment clarify three categories of State obligations: procedural, substantive, and special obligations towards those in vulnerable situations.355 Procedurally, States are obliged to put safeguards in place, such as prior assessment of environmental impacts, dissemination of environmental information, full and informed participation by those affected, and effective remedies for States’ failure to comply with their obligations.356 Substantively, States must adopt legal frameworks to protect against environmental harm that interferes with the enjoyment of human rights, including harm caused by State and nonState actors.357 States must strike a fair balance between environmental security and other legitimate societal interests, while ensuring that such a balance does not result in violations of human rights. and Climate Change (Submission of the Office of the High Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change) (2015) [hereinafter OHCHR, CoP 21 Submission]. 352 Id. at 2. 353 Relationship Between Climate Change and Human Rights Report, supra note 221. 354 John Knox, Report of the UN Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, U.N. Doc. A/HRC/37/59 [hereinafter Framework Principles on Human Rights and the Environment]. 355 Safe Climate Report, supra note 327, at 17. 356 Framework Principles on Human Rights and the Environment, supra note 354, at 6. 357 Id.

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