Amicus Curiae Brief presented by
ClientEarth
21 November 2016
c. property;15 and
d. private, family and home life.16
28. The United Nations,17 the International Bar Association,18 a range of scholars,19 and
numerous States have recognised all that climate change interferes with the
enjoyment of human rights protected under international law, and that this
interference will greatly increase over time unless current climate policy dramatically
changes.20
29. In March 2011, the United Nations Human Rights Council adopted a resolution
finding that “environmental damage can have negative implications, both direct and
indirect, for the effective enjoyment of human rights”.21 Furthermore, the fact that civil
and political rights including the right to life, can be infringed by a failure to ensure a
healthy environment has been recognised by a large number of national and regional
human rights institutions including by the:
a. European Court of Human Rights under the Under the European Convention
on Human Rights;22
14
Protected by section 1 of Article 3 of the Constitution and Article 9 of Part 3 of the International Covenant on Civil and Political Rights.
Protected by section 1 of Article 3 of the Constitution.
16
Protected by Article 17 of Part 3 of the International Covenant on Civil and Political Rights.
17
See the UN OHCHR’s Key Messages on Human Rights and Climate Change, available at
http://www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/HRClimateChangeIndex.aspx
18
IBA, Achieving Climate Justice in an Era of Climate Disruption, July 2015.
19
See the resources listed at http://climaterights.org/resources/hrcc-generally/
20
See Knox, J 'Human Rights Principles and Climate Change' in International Climate Change Law, Oxford, 2016.
21
A/HRC/RES/16/11 on Human Rights and the Environment, available at
http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.RES.16.11_en.pdf
22
Lopez Ostra v. Spain (1994) 20 EHRR 277; Guerra v. Italy (1998) 26 EHRR 357; Fadeyeva v. Russia [2005] ECHR 376; Öneryildiz v. Turkey [2004]
ECHR 657; Tatar v. Romania [2009] ECHR.
15
15