CLIMATE CHANGE AND HUMAN RIGHTS
For each set of obligations, we describe the “hard law” (treaty provisions, case law) underpinning the obligations,
as well as soft law (UN declarations, comments from UN treaty bodies) and interpretations from UN special
rapporteurs and other experts. As noted above, the actual scope of legal obligations for any specific country
may depend on treaty ratification status, except to the extent that some of these obligations may now constitute
customary international law that is binding all countries.86
(a) Procedural Obligations
Human rights law imposes various procedural obligations on governments with respect to the environmental
impacts of their activities. These include obligations to gather and disseminate information about environmental
impacts, to facilitate public participation in environmental decision-making, and to provide access to remedies for
environmental harm. These obligations are based in civil and political rights, but “they have been clarified and
extended in the environmental context on the basis of the entire range of human rights at risk from environmental
harm.”87
As discussed below, governments also have unique obligations with respect to decisions that affect indigenous
peoples and their lands, such as a duty to obtain the free, prior and informed consent (FPIC) of indigenous peoples
before undertaking decisions that would adversely affect any lands or resources that they have traditionally owned
or occupied.
(i) Ensuring Access to Information and Conducting Environmental Assessments
ICCPR Art. 19 and UDHR Art. 19 recognize the right of all persons “to seek, receive and impart information.” At
a minimum, the ICCPR and UDHR require states to provide public access to any government information of public
interest.88 The Human Rights Committee (HR Committee), the treaty body for the ICCPR, has not explicitly discussed
whether the right of access to information entails a corresponding obligation for states to conduct environmental
impact assessments (EIA). However, the International Court of Justice (ICJ) has held that, as a matter of customary
international law, states have an obligation vis-à-vis other states to conduct environmental assessments where
there is a risk that a proposed activity “may have a significant adverse impact in a transboundary context, in
particular, on a shared resource” and disclose the results of that EIA to countries that may be adversely affected. 89
Accordingly, states should assess how activities within their jurisdiction will adversely affect the climate (a shared
resource) and provide adequate notice to the international community. For example, states should conduct GHG
assessments for activities that are likely to have significant GHG impacts—such as programmatic decisions about
fossil fuel development, large fossil fuel-fired power plants, and fuel economy standards—and make the results
publicly available.
The right of access to information is generally viewed as a prerequisite to the exercise of other procedural rights
relating to public participation and access to remedies, and these procedural rights have been interpreted as critical
to the exercise of substantive human rights, such as the rights to life, health, and privacy.90 As such, many regional
human rights courts have held that states have an obligation to assess and disclose foreseeable environmental risks
as part of their positive duties to protect, respect, and fulfill various human rights.91 This includes any environmental
risks caused by government activity, as well as other environmental risks that threaten the exercise of human rights
(since states have an obligation to protect rights against harms caused by third parties).
86
87
88
89
90
91
16
See supra, note 59.
Mapping Report (2013), supra note 64, at p. 29.
HR Committee, General Comment No. 34, pp. 18-19, UN Doc. CCPR/C/GC/34 (Sept. 12, 2011)
Pulp Mills on the River Uruguay (Argentina v. Uruguay), 2010 I.C.J. 14, 83, p. 204 (April 20).
See, e.g., CESCR, General Comment No. 14, p.3, UN Doc. E/C.12/2000/4 (Aug. 11, 2000) (recognizing that the right to health “is closely related to and
dependent upon the realization of other human rights” including access to information); Okechukwu Ibeanu, Special Rapporteur on the Adverse Effects
of Illicit Movement and Dumping of Toxic Wastes on Human Rights, Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and
Cultural Rights, Including the Right to Development, 2, UN Doc. A/HRC/7/21 (Feb. 18, 2008) (noting that the rights to information and participation are
“both rights in themselves and essential tools for the exercise of other rights, such as the right to life, the right to the highest attainable standard of
health, the right to adequate housing and others”).
See Öneryildiz v. Turkey, 2004-XII European Court of Human Rights 1, p. 90 (deriving right to information from right to life); Taşkin v. Turkey, 2004-X Eur.
Ct. H.R. 179, pp. 118, 119, 126 (deriving right to information from right to privacy and home life); Ogoniland Case (Social and Economic Rights Action
Center v. Nigeria), Decision Regarding Communication 155/96 (African Commission on Human & Peoples’ Rights, Oct. 2011), 96 AJIL 937, para 53 (2002)
(deriving right to information from the rights to health and a healthy environment); Claude-Reyes et al. v. Chile, Inter-Am. Ct. H.R. (ser. C) No. 151 (2006)
(deriving right to information from right to freedom of expression).
T H E O B L I G AT I O N S O F G O V E R N M E N T S A N D P R I VAT E A C T O R S T O R E S P O N D T O T H E H U M A N
R I G H T S I M P L I C AT I O N S O F C L I M AT E C H A N G E
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