110
v. Discourage Anthropogenic Contributions to Climate Change
and Compensate Victims
All countries musts put a price on pollution.504 States must provide penalties
for emissions. Monetary penalties may then be earmarked for climate changerelated mitigation and adaptation activities.
States should also establish legal frameworks to compensate victims of
climate change impacts, through courts or quasi-judicial bodies, with
revenues derived directly from polluters. This framework should allow for
compensation to be fair, meaningful, and accessible. Polluters may be found
to have solidary liability for penalties assessed in favor of a claimant.505
vi. Ensure that All persons have the Necessary Capacity to
Adapt to Climate Change and Guarantee Equality and Nondiscrimination in Climate Adaptation and Mitigation Measures
Sustainable adaptation and mitigation measures must be based on equity
and justice and must consider specific inequalities which stem from gender,
ethnicity, disability, age, location, and income. Inclusive governance involving
“multi-stakeholder co-learning platforms, transboundary collaborations,
community-based adaptation and participatory scenario planning, focus on
capacity-building, and meaningful participation of the most vulnerable and
marginalized groups, and their access to key resources to adapt” is necessary
for developing more effective and sustainable adaptation and mitigation
laws, policies, processes, and interventions that address context specific
inequities.506
States must thus implement adaptation and mitigation measures that protect
and fulfill the rights of all persons, particularly those most vulnerable and
most marginalized, and build climate resilience in communities through
recognizing that factors such as “discrimination, and disparities in education
504
Mr. Justin Trudeau, Prime Minister, Canada, Speech at the COP 26.
505
Findings and Recommendations, no. 162.
506
IPCC, AR6, WGII, SPM, supra note 281 (C.5.6).
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