SUMMARY OF AMICI EXPERT CONTRIBUTIONS REGARDING OBLIGATIONS OF
STATES203
Key Findings and Messages
Human rights norms clarify how States should respond to climate change.
Human rights law imposes wide-ranging obligations upon States to protect the human
rights of individuals from infringements by third parties, including corporations.
States’ obligation to address environmental harm that interferes with the full enjoyment
of human rights extends to harm caused by climate change impacts.
International law requires States to protect persons within their jurisdiction against
human rights abuses as a result of the conduct of corporate actors headquartered outside
of their territory.
Summary Argument
I.
State Duties and Obligations arising from International Human Rights Law
A.
States have obligations under international human rights law to address
the causes of climate change and other environmental harm that affects
human rights
The Philippines has ratified each of the major human rights treaties from which legal
obligations arise, and has consistently supported the adoption of a human rights approach to
climate change in international climate negotiations and at the Human Rights Council. 204
The responsibilities of States in respect of the human rights impacts of climate change are
clearly set out in the UNEP report, Climate Change and Human Rights (2013). That report notes
that there are three types of obligations imposed on States by international human rights treaties:
a) The duty to respect human rights, a negative obligation, which requires States to
refrain from taking actions that would interfere with or curtail the enjoyment of
human rights.
b) The duty to protect human rights against violations by third parties.
c) The duty to fulfill human rights, a positive obligation, which requires States to
undertake measures to ensure the realization of rights for all members of
society.205
203
This summary was compiled with inputs by Client Earth (Sophie Marjanac), Center for International
Environmental Law (CIEL) (Sébastien Duyck, Erika Lennon & Carroll Muffett), Environmental Law Alliance
Worldwide (ELAW) (Jennifer Gleason & Killian Doherty), Our Children’s Trust (Elizabeth Brown & Danny
Noonan), Asia Pacific Forum of National Human Rights Institutions & the Global Alliance of National Human
Rights Institutions (APF & GANHRI) (Annalisa Savaresi), Maastricht Principles Drafting Group (compiled by
Kristine Perry), and Plan B (Tim Crosland) and based on their previously submitted amicus curiae briefs as well as
relevant updates.
204
ClientEarth brief, at ¶¶ 48-49.
205
UNITED NATIONS ENVIRONMENT PROGRAMME, HUMAN RIGHTS AND CLIMATE CHANGE, 15 (2015) [hereinafter
UNEP HUMAN RIGHTS AND CLIMATE CHANGE].
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