Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
prevent to the greatest extent possible the current and future negative human
rights impacts of climate change.” 54
States are accountable to rights-holders “for failure to adequately regulate
the emissions of businesses under their jurisdiction regardless of where such
emissions or their harms actually occur.”55
“Those affected [by climate change], now and in the future, must have
access to meaningful remedies including judicial and other redress
mechanisms.”56
These findings are based on the rights and obligations enshrined in the Universal
Declaration on Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), the International Covenant on Economic, Social, and
Cultural Rights, and other human rights instruments.
This section will review the relevant findings of UN bodies and other legal
and technical experts detailing precisely how the impacts of climate change
identified in the first part of this submission affect and will affect specific rights,
including the right to life, right to health, right to clean water and sanitation, right
to food, right to adequate housing, right to self-determination and development,
and right to equality and non-discrimination.
1. Right to Life
The UDHR and the ICCPR recognize that every human being has an
inherent right to life, liberty, and security of person.57 The United Nations Human
Rights Committee (“HR Committee”) has noted that the right to life “should not be
interpreted narrowly” and that “the protection of this right requires that States
adopt positive measures” to protect life from foreseeable harms.58 For example, the
UN Office of the High Commissioner for Human Rights (OHCHR) has maintained
that states must “take reasonable preventative action to reduce exposure and
54
Id. at 2.
Id. at 3.
56
Id.
57
UDHR Art. 3, ICCPR Arts. 6, 9.
58
HR Committee General Comment No. 6, ¶¶ 1, 5, UN Doc. HRI/GEN/1/Rev.1 (1994).
55
Sabin Center for Climate Change Law, Columbia Law School
13