UNDP (2013)
CLIMATE CHANGE AND HUMAN RIGHTS
Open dialogue on the Post-2015 sustainable development agenda and local development priorities in Kigali, Rwanda
soliciting input from affected stakeholders, and actually incorporating the information and perspectives gathered
through public consultation processes into final decisions.250
Finally, perhaps the largest procedural gap in this context is the lack of access to justice and remedies for climaterelated harms. In both domestic courts and international tribunals, many cases alleging serious injury to human
rights caused by the effects of climate change have been dismissed or have failed due to: (i) the challenge of
establishing a causal link between specific emitters and climate change; (ii) the challenge of establishing a causal
link between climate change and the on-the-ground impacts that gave rise to the harm; and/or (iii) the absence
of legal requirements or liability for GHG emissions.251 Jurisdiction (or lack thereof) also poses a major barrier to
judicial remedies, especially in the context of transboundary harms. Moreover, there is no international grievance
mechanism that would provide an alternative forum for justice and remedies in this context—although many
developing countries would like to see a Loss and Damage Framework developed under the auspices of the
UNFCCC that could fill this role.252
One way for countries to implement and further elaborate upon their procedural human rights obligations is
through participation in MEAs. As of 2015, there are 47 parties to the Aarhus Convention, which include virtually
all of the countries in Europe as well as several countries in Central Asia.253 In addition, nineteen countries in Latin
America and the Caribbean are currently negotiating a new regional agreement to implement the access rights
set forth in Principle 10 of the Rio Declaration.254 Other actors are also using international mechanisms to give
effect to procedural rights—for example, in 2010, the UNEP Governing Council adopted the Bali Guidelines for
250 Id.
251 See, e.g., Inuit Petition (2005), supra note 7; Sabin Center for Climate Change Law, Litigation Charts, http://web.law.columbia.edu/climate-change/
resources/litigation-charts (last visited Oct. 13, 2015).
252 For a detailed discussion of barriers to justice in this context, see IBA (2014), supra note 211.
253 UNECE, Status of Ratification, http://www.unece.org/env/pp/ratification.html (last visited Oct. 19, 2015).
254 Press Release, ECLAC, LAC Countries Hold First Negotiating Committee Meeting on Principle 10 of Rio Declaration, May 7, 2015.
I M P L E M E N TAT I O N A S S E S S M E N T
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