A string of HRC resolutions emphasize the potential of human rights obligations,
standards, and principles to “inform and strengthen” climate change law- and policy-making, by
“promoting policy coherence, legitimacy and sustainable outcomes.” 206 The HRC has also issued
resolutions “calling upon States to integrate, as appropriate, human rights in their climate actions
at all levels.”207 States’ well-established obligation to address environmental harm that interferes
with the full enjoyment of human rights extends to human rights violations caused by climate
change impacts.208
State obligations can be divided into substantive and procedural obligations and, in
summary, include:
a) Procedural Obligations - States must:
i. ensure access to information and conduct environmental impact
assessments;
ii. ensure public participation in environmental, including climate-related,
decision making; and
iii. ensure access to effective administrative, judicial, and other remedies. 209
b) Substantive Obligations - States have obligations to enact legal and institutional
frameworks to protect against and respond to the impacts of environmental harm
on human rights, including harm caused by private actors.210 They accordingly
have the following obligations in that context:
i. domestic climate change mitigation obligations, requiring States to
regulate effectively the sources of GHG emissions within their territory
and under their control;
ii. international cooperation obligations, requiring States to participate in
international negotiations for an effective global climate agreement
(including the UNFCCC process);
iii. transboundary obligations, requiring States to mitigate the effect of their
activities, and activities under their jurisdiction, on the human rights of
persons both within and outside of their jurisdiction;
iv. domestic and international cooperation obligations to ensure that
mitigation and adaptation activities do not themselves contribute to human
rights violations; and
206
See United Nations Human Rights Council, Res. 10/4, supra note 61, preamble; United Nations Human Rights
Council, Res. 18/22, supra note 61, preamble; United Nations Human Rights Council, Res. 26/27, supra note 61,
preamble.
207
United Nations Human Rights Council, Res. 32/33, supra note 61; United Nations Human Rights Council, Res.
35/20, supra note 61.
208
APF & GANHRI brief, at ¶ 30; see also CIEL & GIESCR, STATE HUMAN RIGHTS OBLIGATIONS IN THE
CONTEXT OF CLIMATE CHANGE: SYNTHESIS NOTE ON THE CONCLUDING OBSERVATIONS AND RECOMMENDATIONS
ON CLIMATE CHANGE ADOPTED BY UN HUMAN RIGHTS TREATY BODIES, supra note 60.
209
ClientEarth brief, at ¶ 44 (citing UNEP HUMAN RIGHTS AND CLIMATE CHANGE, supra note 205, at 16-18).
210
Rep. of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean,
healthy and sustainable environment, ¶¶ 79-81, U.N. Doc. A/HRC/25/53 (Dec. 30, 2013).
44
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents