person and all peoples are entitled to participate in, contribute to, and enjoy economic, social,
cultural and political development, in which all human rights and fundamental freedoms can be
fully realized.”108 The Declaration also recognized that the right of peoples to self-determination
includes “the exercise of their inalienable right to full sovereignty over all their natural wealth
and resources.”109
The impacts of climate change will make it considerably more difficult for governments
and people to pursue forms of development in which all human rights and fundamental freedoms
can be fully realized. They will interfere with key economic sectors and government services,
including energy, water services, transport, agriculture and livestock, forestry, fisheries, and
tourism, and degrade the natural resource base that many people depend on for their lives and
livelihoods. Access to food, water, and housing will all be impaired. And countries will not enjoy
full sovereignty over the management of their natural resources, insofar as these resources will
be impaired by climate change.
Climate change thus poses a serious barrier to sustainable development, particularly in
countries like the Philippines that will experience the brunt of its negative impacts. 110 The costs
of climate change impacts will be enormous in the Philippines, both in terms of monetary
damages and damages to human lives and livelihoods. The Philippines has already suffered
major economic losses as a result of severe typhoons over the past decade (e.g., Typhoon Haiyan
caused approximately $2 billion in damages). 111 The Asian Development Bank (ADB) estimates
that, under a business-as-usual emissions trajectory, the Philippines will suffer a mean loss of
2.2% of gross domestic product (GDP) by 2100 when market impacts only (mainly related to
agriculture and coastal zones) are considered, a 5.7% loss if non-market impacts (mainly related
to health and ecosystems) are included, and a 6.7% loss if catastrophic risks are considered. 112
VII.
Right to Equality and Non-Discrimination
The UDHR recognizes that “[a]ll human beings are born free and equal in dignity and
rights” and that “[e]veryone is entitled to all the rights and freedoms set forth in this Declaration
without distinction of any kind.”113 The ICCPR and ICESCR similarly recognize that the rights
enumerated therein must be exercised and protected without discrimination of any kind. 114
Recognizing that certain groups are more likely to endure violations of their human rights (e.g.,
women, children, and indigenous peoples), the UN has established more detailed frameworks for
the protection of these groups – specifically: the Convention on the Elimination of All Forms of
Discrimination Against Woman (CEDAW), the Convention on the Rights of the Child (CRC),
the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights
of Indigenous Peoples.
108
G.A. Res. 41/128, Declaration on the Right to Development, Art. 1(1) (Dec. 4, 1986).
Id. Art. 1(2).
110
Press Release, World Bank, Philippines: Climate Change a Fundamental Threat to Development (May 23, 2014),
http://www.worldbank.org/en/news/press-release/2014/05/23/climate-change-a-fundamental-threat-to-developmentworld-bank.
111
PHILIPPINES NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL, FINAL REPORT ON EFFECTS OF
TYPHOON “YOLANDA” (HAIYAN) (2014).
112
ADB, supra note 96, at 82.
113
UDHR, supra note 65, Arts. 1 and 2.
114
ICESCR, supra note 72, Art 2(2); ICCPR, supra note 65, Art. 2(1).
109
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