71
of climate change. The OHCHR maintains that “States (duty-bearers) have an affirmative
obligation to take effective measures to prevent and redress these climate impacts, and
therefore, to mitigate climate change and to ensure that all human beings (rights-holders)
have the necessary capacity to adapt to the climate crisis.”352 Although human rights
obligations concerning climate change are still evolving, various international laws, treaties,
and principles already confirm that States have the responsibility to mitigate climate change
impacts in a manner anchored on human rights, “irrespective of whether or not climate
change effects can be construed as human rights violations. Human rights obligations
provide important protection to individuals whose rights are affected by climate change.”353
Because it is generally viewed that climate change is a type of environmental harm, the
human rights obligations in environmental harm also generally apply to climate change.354
The framework principles on human rights and the environment clarify three categories of
State obligations: procedural, substantive, and special obligations towards those in vulnerable
situations.355
Procedurally, States are obliged to put safeguards in place, such as prior assessment of
environmental impacts, dissemination of environmental information, full and informed
participation by those affected, and effective remedies for States’ failure to comply with
their obligations.356
Substantively, States must adopt legal frameworks to protect against environmental harm
that interferes with the enjoyment of human rights, including harm caused by State and nonState actors.357 States must strike a fair balance between environmental security and other
legitimate societal interests, while ensuring that such a balance does not result in violations
of human rights.
and Climate Change (Submission of the Office of the High Commissioner for Human Rights to the
21st Conference of the Parties to the United Nations Framework Convention on Climate Change)
(2015) [hereinafter OHCHR, CoP 21 Submission].
352
Id. at 2.
353
Relationship Between Climate Change and Human Rights Report, supra note 221.
354
John Knox, Report of the UN Special Rapporteur on the Issue of Human Rights Obligations Relating
to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, U.N. Doc. A/HRC/37/59
[hereinafter Framework Principles on Human Rights and the Environment].
355
Safe Climate Report, supra note 327, at 17.
356
Framework Principles on Human Rights and the Environment, supra note 354, at 6.
357
Id.
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