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and must share with others. Since the world has been given to us,
we can no longer view reality in a purely utilitarian way, in which
efficiency and productivity are entirely geared to our individual
benefit. Intergenerational solidarity is not optional, but rather a basic
question of justice, since the world we have received also belongs to
those who will follow us.304
The deleterious impacts of climate change go beyond the specific rights of the groups
of persons and sectors discussed above.305 The narratives and stories they weave are
more than enough to understand the harrowing situation of the Filipino people who
have suffered, will continue to suffer, and have yet to suffer as they are deprived of
their human rights by the myriad effects of climate change.
VI. Duty of States to Protect Human Rights
A. General Duty
States are the primary duty-bearers for upholding human rights obligations under
treaties and customary international law, the rules of which are laid out under the
International Bill of Human Rights306 and other core universal human rights treaties.
In general, States are obliged to respect, protect, and fulfill human rights.307 A State’s duty
to respect prohibits it from interfering or curtailing the enjoyment of human rights.308 The
obligation to protect requires States to adopt and implement legislative, administrative,
or judicial measures to prevent human rights violations and abuses309 and ensure their
effective implementation.310 Finally, the duty of States to uphold and fulfill human rights
304
Pope Francis, Encyclical Letter Laudato Si’ of the Holy Father Francis on Care for Our Common
Home (2015) [hereinafter Laudato Si’].
305
See the Memorandum for the Petitioners (dated 19 September 2019 and received by the Commission
on Human Rights on the same date) for more narratives and discussion on these rights and vulnerable
groups. The Petitioners also claim that their discussions “do not represent all of the human rights
harms. Continued research and monitoring are necessary to understand the full scope of the climate
crisis unfolding in the country” (citing Memorandum for the Petitioners, at 87, para. 8.43).
306
Composed of the United Nations Declaration of Human Rights, International Convention on Civil and
Political Rights, and International Convention on Economic, Social, and Cultural Rights.
307
Olivia de Schutter, International Human Rights Law 279-90 (2nd ed. 2014).
308
Frédéric Mégret, Nature of Obligations, in International Human Rights Law (3rd ed.) (Daniel Moeckli,
Sangeeta Shah & Sandesh Sivakumaran, eds., 2017) [hereinafter International Human Rights Law:
Nature of Obligations].
309
Id,
310
Markus Krajewski, The State Duty to Protect Against Human Rights Violations Through Transnational
Business Activities, 23 Deakin LR 19 (2018) [hereinafter Krajewski (2018)]; see Urgenda Foundation
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