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

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