Amicus Curiae Brief presented by
ClientEarth
21 November 2016
Mitigation: States have an obligation to respect, protect, fulfil and promote all
human rights for all persons without discrimination. Failure to take affirmative
measures to prevent human rights harms caused by climate change, including
foreseeable long-term harms, breaches this obligation…. Therefore, States must
act to limit anthropogenic emissions of greenhouse gases (e.g. mitigate climate
change), including through regulatory measures, in order to prevent to the
greatest extent possible the current and future negative human rights impacts of
climate change.
Adaptation: States must ensure that appropriate adaptation measures are taken
to protect and fulfil the rights of all persons, particularly those most endangered
by the negative impacts of climate change such as those living in vulnerable
areas (e.g. small islands, riparian and low-lying coastal zones, arid regions, and
the poles).
Accountability and Remedies: The Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and other human rights
instruments require States to guarantee effective remedies for human rights
violations. Climate change and its impacts, including sea-level rise, extreme
weather events, and droughts have already inflicted human rights harms on
millions of people….Those affected, now and in the future, must have access to
meaningful remedies including judicial and other redress mechanisms. The
obligations of States in the context of climate change and other environmental
harms extend to all rights-holders and to harm that occurs both inside and beyond
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