Amicus Curiae Brief presented by
ClientEarth
21 November 2016
boundaries. States should be accountable to rights-holders for their contributions
to climate change including for failure to adequately regulate the emissions of
businesses under their jurisdiction regardless of where such emissions or their
harms actually occur.
Business harms: The United Nations Guiding Principles on Business and
Human Rights affirm that States have an obligation to protect human rights from
harm by businesses, while businesses have a responsibility to respect human
rights and to do no harm. States must take adequate measures to protect all
persons from human rights harms caused by businesses; to ensure that their own
activities, including activities conducted in partnership with the private sector,
respect and protect human rights; and where such harms do occur to ensure
effective remedies. Businesses are also duty-bearers. They must be accountable
for their climate impacts and participate responsibly in climate change mitigation
and adaptation efforts with full respect for human rights. Where States
incorporate private financing or market-based approaches to climate change
within the international climate change framework, the compliance of businesses
with these responsibilities is especially critical. [Emphasis added]
44. The UNEP has identified the following obligations of States in respect of
environmental threats to human rights under international human rights instruments:
Procedural obligations: States must:
o ensure access to information and conduct environmental assessments;
24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents