Amicus Curiae Brief presented by
ClientEarth
21 November 2016
The human rights framework also requires that global efforts to mitigate and
adapt to climate change should be guided by relevant human rights norms and
principles including the rights to participation and information, transparency,
accountability, equity, and non-discrimination. Simply put, climate change is a
human rights problem and the human rights framework must be part of the
solution."33
41. The document sets out comprehensively the human rights affected by climate
change, including the rights to life, self-determination, development, food, water and
sanitation, health, housing and education. The document is comprehensive and is,
accordingly, contained in Annex A to this brief. The Commission may rely on this
document as an accurate and up-to-date statement of current international human
rights law and norms.
42. Further detail regarding the specific legal obligations of States (and private actors) in
respect of the human rights implications of climate change is also contained in the
UNEP Report, Climate Change and Human Rights, 2015, contained in Annex B.
The Commission may also rely on this document as an accurate and up-to-date
statement of current international human rights law and norms.
4.1 Obligations of States in respect of human rights and climate change
43. The OHCHR states in its ‘Key Messages on Human Rights and Climate Change' that
States have the following obligations (inter alia) in respect of the human rights effects
of climate change, under international human rights instruments and law:
33
See note 28.
22