Amicus Curiae Brief presented by
ClientEarth
21 November 2016
o ensure public participation in environmental decision making; and
o ensure access to administrative, judicial and other remedies.34
Substantive obligations: States have obligations to enact legal and institutional
frameworks to protect against and respond to the impacts of environmental harm
on human rights. They accordingly have the following obligations in that context:
o adaptation obligations, requiring States to enact frameworks for protecting
people against the effects of climate change;
o domestic mitigation obligations, requiring States to regulate the sources of
GHG emissions;
o international cooperation obligations, requiring States to participate in
international negotiations for an effective global climate agreement;
o transboundary mitigation obligations, requiring States to mitigate the effect of
their activities on the human rights of persons outside of their jurisdiction; and
o an obligation to ensure that mitigation and adaptation activities do not
themselves contribute to human rights violations. 35
45. Although these obligations have been consistently identified as the international
human rights standard, it is also acknowledged by human rights bodies and
institutions that States have significant discretion in deciding how to strike the
34
UNEP, Human Rights and Climate Change, 2015. Available at http://apps.unep.org/redirect.php?file=/publications/pmtdocuments/Climate_Change_and_Human_Rightshuman-rights-climate-change.pdf.pdf
35
See note 29 at p 19.
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents