development and appropriate mechanisms for mitigating and adapting to climate change, the COP21
outcome should reflect human rights principles and a rights-based framework should shape both the
substantive commitments of parties and the processes by which they are agreed and carried out.
How can human rights be integrated in climate-change related actions?
Human rights can be integrated in climate-change related actions by applying a rights-based
approach to policy and development as called for by the Declaration on the Right to Development
and agreed to in the UN Common Understanding of a Human Rights-Based approach to
Development Cooperation.11 The UN Common Understanding emphasizes key human rights
principles like universality and inalienability, indivisibility, interdependence and interrelatedness,
non-discrimination and equality, participation and inclusion, accountability and the rule of law. It
outlines a conceptual framework for development based on international human rights standards in
order to promote and protect human rights in all development activities. A rights-based approach
analyses obligations, inequalities and vulnerabilities, and seeks to redress discriminatory practices
and unjust distributions of power. It anchors plans, policies and programmes in a system of rights,
and corresponding obligations established by international law.
The essential attributes of a human rights-based approach are the following:
As policies and programmes are formulated, the main objective should be to fulfil human
rights.
The rights-holders and their entitlements must be identified as well as the corresponding
duty-bearers and their obligations in order to find ways for strengthening the capacities of
rights-holders to make their claims and of duty-bearers to meet their obligations.
Principles and standards derived from international human rights law – especially the
Universal Declaration of Human Rights and the core universal human rights treaties, should
guide all policies and programming in all phases of the process.
A human rights-based approach should be integrated in any climate change adaptation or
mitigation measures, such as the promotion of alternative energy sources, forest conservation or
tree-planting projects, resettlement schemes and others. Affected individuals and communities must
participate, without discrimination, in the design and implementation of these projects. They must
have access to due process and to remedy if their rights are violated.
During the panel discussions, the importance of a rights-based approach to climate change was
raised frequently. Martin Khor, Executive Director of the South Centre, observed that such an
approach demands the inclusion of climate justice, equity, respect for human rights as well as
international cooperation and solidarity. These factors are essential in supporting developing
countries, including through finance and technology. According to Mary Robinson, a human rightsbased approach to development should focus on fulfilling for all persons the minimum conditions
necessary for a life of human dignity. Faced with climate change, persons in vulnerable situations
must have their rights protected, obtain access to measures of adaptation and resilience, and
receive the support of the international community. A rights-based response should also maximize
inclusion, participation and equality.
11
See
http://hrbaportal.org/the-human-rights-based-approach-to-development-cooperation-towards-acommon-understanding-among-un-agencies last accessed on 7 September 2015.
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