factor in climate-related hazards.123 Accordingly, the Committee on the Rights of the Child has
called on States “to ensure that the special vulnerabilities and requirements of children, as well as
their views, are taken into account when developing policies and programmes addressing the
issues of climate change and disaster risk management.”124
In a 2013 report to the UN General Assembly, the UN Secretary General noted the
necessity of interpreting human rights instruments in the context of intergenerational equity,
observing that our moral obligations to future generations arise from “the equal concern and
respect we owe to all humans, regardless of where and when they may have been born.” 125 More
recently in an Advisory Opinion, the IACtHR acknowledged that the right to a healthy
environment is an individual and a collective right stating that “in its collective dimension, the
right to a healthy environment constitutes a universal interest, which is owed to present as well
as future generations.”126 Similarly, the Committee on Economic, Social and Cultural Rights
(CESCR) has recognized that certain enumerated rights, including the rights to food and water,
must be protected for both present and future generations.127
As noted in the amicus brief submitted by Our Children’s Trust, “the current generation
of children are developing into adults as States fail to address the causes of climate change; they
live their lives in a time of increasing climate instability under threat of increasingly frequent and
severe extreme weather events, increasing ocean acidification, loss of coastline and even entire
geographic regions to rising sea levels, rising rates of epidemiological disease, dislocation, and
social disruption.”128 These threats will be even more pronounced for future generations in the
Philippines and around the world.
Summary Conclusions
There is no question that climate change poses a substantial threat to human rights in the
Philippines and abroad. The OHCHR and other expert bodies have issued numerous reports
detailing both current and future threats to life, health, clean water and sanitation, food, housing,
self-determination and development, and equality and non-discrimination. As detailed in the
science section, the causal linkages between the emissions generated by the companies named in
this investigation and these harmful impacts are well established. It is therefore appropriate and
necessary to hold these companies accountable for the ways in which their actions have
interfered and will continue to interfere with the full enjoyment of human rights.
123
IPCC WGII, supra note 75, 1066.
Committee on the Rights of the Child, Concluding Observations for Bhutan 2017, Antigua and Barbuda 2017,
Mauritius 2015, New Zealand 2016, Samoa 2016, Saint Vincent and the Grenadines 2017.
125
United Nations General Assembly Report, Intergenerational solidarity and the needs of future generations
Report of the Secretary-General, A/68/322 (Aug. 2013).
126
Solicitada por la República de Colombia, Medio Ambiente y Derechos Humanos, Opinión Consultiva OC-23/17
Inter-Am. Ct. H.R., at ¶ 55 (internal citation omitted) (unofficial translation) (Original: “En su dimensión colectiva,
el derecho a un medio ambiente sano constituye un interés universal, que se debe tanto a las generaciones presentes
y futuras.”)
127
Committee on Economic, Social and Cultural Rights, CESCR General Comment No. 12: The Right to Adequate
Food (Art. 11), E/C.12/1999/5 (May 12, 1999); Committee on Economic, Social and Cultural Rights, CESCR
General Comment No. 15: The Right to Water (Arts. 11 and 12 of the Covenant), E/C.12/2002/11 (Jan. 20, 2003).
128
Our Children’s Trust brief, at p. 10.
124
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