Man has the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits a life of
dignity and well-being, and he bears a solemn responsibility to protect and
improve the environment for present and future generations ...
The Council of Europe, Manual on Human Rights and the Environment, 2012
explains:
(...)the [European Court of Human Rights] has emphasised that the effective
enjoyment of the rights which are encompassed in the Convention depends
notably on a sound, quiet and healthy environment conducive to wellbeing.
And the Preamble to the Paris Agreement 2015 includes the following:
Acknowledging that climate change is a common concern of humankind,
Parties should, when taking action to address climate change, respect,
promote and consider their respective obligations on human rights, the
right to health, the rights of indigenous peoples, local communities,
migrants, children, persons with disabilities and people in vulnerable
situations and the right to development, as well as gender equality,
empowerment of women and intergenerational equity.
In Germanwatch’s Global Climate Risk Index 20155, The Philippines is ranked as the
country most affected by climate change (based on data for 2013), and as the fifth
most affected country over the 20-year period between 1994 and 2013. Other
international indices also rank The Philippines similarly highly in terms of climate
change vulnerability6. The death toll from supertyphoon Yolanda and others is well
know, and the Petitioners provide direct evidence regarding impacts already felt. It is
evident, beyond serious contention, that climate change presents a grave threat to
the rights of Filipinos generally.
In summary it is well established that anthropogenic greenhouse gas (GHG)
emissions present a serious threat to human rights. The fact that the threat does not
originate within The Philippines, and is therefore beyond the control of Filipinos
themselves, is an additional reason for the Honourable Commission’s intervention.
4.
The Right to Life
5
http://germanwatch.org/en/download/10333.pdf
See, for example, Verisk Maplecroft: Maplecroft identifies 32 ’extreme risk’ countries in its
Climate Change Vulnerability Index (CCVI), which evaluates the sensitivity of populations,
the physical exposure of countries, and governmental capacity to adapt to climate change
over the next 30 years. Bangladesh (1st and most at risk), Sierra Leone, South Sudan,
Nigeria, Chad, Haiti, Ethiopia, Philippines, Central African Republic and Eritrea are the ten
countries facing the highest levels of risk.
6
8