Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
vulnerability and to enhance resilience, as well as to provide effective mitigation
[for natural disasters]” to protect the right to life and other related rights.59
OHCHR has recognized that climate change “clearly poses a threat to human
life” due to the higher incidence of morality associated with extreme weather
events, increased heat, drought, and expanding disease vectors, among other
things, and that states “must take effective measures to mitigate and adapt to
climate change and prevent foreseeable loss of life.”60 Such measures must include
actions to protect the right to life and other human rights against climate-related
harms caused by businesses.61 Businesses are also duty bearers in this context:
“[t]hey must be accountable for their climate impacts and participate responsibly in
climate change mitigation and adaptation efforts with full respect for human
rights.”62
Domestic tribunals have similarly found that the obligation to protect life
entails a corresponding obligation to protect people from the harmful impacts of
climate change, both through GHG mitigation and adaptation. For example, a
tribunal in the Netherlands held that the Dutch government must take reasonable
measures to mitigate GHG emissions in order to protect the lives and health of
Dutch citizens.63 Similarly, a tribunal in Pakistan held that the national government
had violated the fundamental rights of its citizens, including the right to life, by
failing to carry out the 2012 National Climate Policy and Framework.64 A group
of youth plaintiffs in the United States (U.S.) have also brought suit alleging that
the federal government’s failure to regulate the production and use of fossil fuels in
59
OHCHR, Organization profile: Policies and Programmes in DRR,
www.preventionweb.net/english/professional/contacts/profile.php?id=1370. See also UNHRC, Promotion
and Protection of the Rights of Indigenous Peoples in Disaster Risk Reduction, Prevention and
Preparedness Initiatives, Study by the Expert Mechanism on the Rights of Indigenous Peoples, ¶ 10, UN
Doc. A/HRC/27/66 (Aug. 7, 2014) (same); Budayeva and Others v. Russia, App. Nos. 15339/02,
21155/02, 20058/02, 11673/02 and 1543/02, Eur. Ct. H.R. (March 20, 2008) (interpreting the right to life
as requiring states to take reasonable measures to protect citizens against the reasonably foreseeable
effects of natural disasters); Öneryildiz v. Turkey, 2004-XII European Court of Human Rights 1 (same)).
60
OHCHR (2015), supra note 52, at 13-14.
61
Id. at 4.
62
Id.
63
The key question in this case was whether the Dutch government had violated its duty of care to its
citizens (a duty embedded in domestic law rather than international human rights law), but, the court
referred to jurisprudence on the human right to life in order to determine what “standard of care” was
appropriate with regards to climate-related injuries. District Court of the Hague, Judgment: Urgenda
Foundation v. Kingdom of the Netherlands Regarding the failure of the Dutch State to take sufficient
actions to prevent dangerous climate change, ¶ 4.74 (Urgenda Foundation 2015).
64
Ashgar Leghari v. Federation of Pakistan, Lahore High Court Green Bench (W.P. No. 25501/2015)
(Sept. 15, 2015).
Sabin Center for Climate Change Law, Columbia Law School
14