CLIMATE CHANGE AND HUMAN RIGHTS The UNFCCC COP also explicitly recognized this issue in Art. 8 of the Cancun Agreements, which recognize that the Parties “should, in all climate change-related actions, fully respect human rights as enunciated in the outcome of the sixteenth session of the Conference of the Parties to the Convention.”183 UNHRC Resolutions 18/22 and 26/27 include similar language.184 The Cancun Agreements also include several paragraphs outlining principles for how Parties should address and mitigate the “economic and social consequences of response measures” on vulnerable groups and developing countries. For example, paragraph 89 urges developed country Parties to: “strive to implement policies and measures to respond to climate change in such a way as to avoid negative social and economic consequences for developing country Parties, taking into account Article 3 of the Convention, and to assist these Parties to address such consequences by providing support, including financial resources, transfer of technology and capacity-building, in accordance with Article 4 of the Convention, to build up the resilience of societies and economies negatively affected by response measures.”185 Appendix I of the Cancun Agreements also outlines a set of safeguards for protecting vulnerable groups in the context of mitigation actions in the forest sector. These safeguards are evaluated in Part 3. (c) Obligations to Specific Groups The principle of non-discrimination is included in the UDHR, the ICCPR, and the ICESCR.186 In accordance with this principle, countries must ensure that the measures they take to address climate change (and the measures they take to respect, protect, and fulfill human rights) are implemented in a non-discriminatory fashion. These and other agreements also recognize that individuals who are part of certain groups—notably, women, indigenous groups, and children—are entitled to special protections. The UNFCCC does not speak of specific individuals or groups, but does recognize that some countries and ecosystems may be particularly vulnerable to the effects of climate change, and as such, they warrant special consideration and adaptation assistance.187 In addition, the Cancun Agreements provide more detailed instructions on how the parties should address the impacts of climate change on people who are vulnerable to climate change as a result of geography, gender, age, indigenous or minority status, and disability.188 (i) Women The Cancun Agreements recognize that gender equality and the effective participation of women are important for effective action on all aspects of climate change.189 They also discuss the need to address gender considerations in the implementation of REDD projects.190 However, they do not outline any specific requirements for countries to ensure that women are adequately involved in the various phases of government decision-making related to climate change mitigation and adaptation, or to address the potentially discriminatory effect of certain actions on women. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) provides a more detailed framework for protecting the rights of women and ensuring that they have a voice in public decisions.191 However, the Convention is more geared towards preventing acts of overt discrimination, as opposed to addressing the discriminatory effects of actions on women. As such, the Convention does not provide much guidance on government obligations relating to the disproportionate burden that women will likely experience as a result of climate change. 183 184 185 186 187 188 189 190 191 Cancun Agreements (2011), supra note 86, at p. 8. UNHRC Res. 18/22, supra note 82; UNHRC Res. 26/27, supra note 83. Cancun Agreements (2011), supra note 86, at p. 89. ICESCR Art. 2(2); ICCPR Art. 26; UDHR Art. 7. UNFCCC Arts. 3(2), 4(4), 4(10). Cancun Agreements (2011), supra note 86, at pp. 7, 12, 18, Id. at p. 7. Id. at p. 72. For example, Art. 14(2) of the Convention mandates “all appropriate measures to eliminate discrimination against women in rural areas in order… that they participate in and benefit from rural development,” and requires participation “at all levels” as well as access to adequate living conditions. 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 27