States' Human Rights Obligations in the Context of Climate Change

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States' Human Rights Obligations in the Context of Climate Change
States’ Human Rights Obligations in the
        Context of Climate Change
                                            2019 Update

Climate change poses a global             to effectively combating the causes     recognized the impacts of climate
threat to the enjoyment of our            and impacts of climate change.          change on many rights protected
human rights. In the context of                                                   by UN human rights instruments,
the December 2018 UN Climate              The human rights treaty bodies          such as the rights to life, health,
Conference, the High Commis-              (HRTBs), which monitor imple-           education, and adequate stan-
sioner for Human Rights, Michelle         mentation of the UN human rights        dard of living and the prohibition
Bachelet, stated that “the findings       treaties, therefore have an essential   of discrimination. Furthermore,
of the Intergovernmental Panel            role to play in clarifying the extent   several HRTBs have stressed the
on Climate Change (IPCC) in its           of States’ human rights obligations     disproportionate impacts of climate
Special Report on 1.5°C could not         in the context of climate change.       change on women, children, and
have been clearer. Climate change         In a synthesis note published in        indigenous peoples and the height-
is already impacting people’s lives,      January 2018 (the 2018 Synthesis        ened obligations of States. Several
the effective enjoyment of their          Note), the Center for International     HRTBs have also consistently
rights, and the ecosystems on which       Environmental Law and Global            underlined the importance of inter-
we all rely.” This latest report of the   Initiative for Economic, Social and     national cooperation and of taking
IPCC strengthened the understand-         Cultural Rights provided a sum-         into consideration commitments
ing that climate change poses a           mary of authoritative statements by     made under environmental instru-
significant threat to the enjoyment       the HRTBs on climate change. The        ments such as the UN Framework
of human rights and that human            2018 Synthesis Note emphasized          Convention on Climate Change.
rights-based climate actions are key      how these bodies had increasingly
States' Human Rights Obligations in the Context of Climate Change
and climate change; an appraisal of
                                                                                 the authoritative guidance provid-
                                                                                 ed by these bodies in 2018; and a
                                                                                 summary of key statements relating
                                                                                 to specific climate issues, such as
                                                                                 emissions reduction, adaptation to
                                                                                 climate impacts, procedural rights,
                                                                                 and international cooperation.
                                                                                 Three annexes provide a short
                                                                                 synthesis of the contributions made
                                                                                 in 2018 by the Committee on the
                                                                                 Elimination of Discrimination
                                                                                 against Women (CEDAW), the
                                                                                 Committee on Economic, Social
                                                                                 and Cultural Rights (CESCR), and
                                                                                 the Committee on the Rights of the
                                                                                 Child (CRC).

                                                                                 Role of the Human
                                                                                 Rights Treaty Bodies
                                                                                 in Addressing
                                                                                 Human Rights and
                                                                                 Climate Change
                                                                                 The HRTBs are institutions es-
                                                                                 tablished under each UN human
                                                                                 rights treaty, which are mandated
                                                                                 to monitor the fulfillment by States
                                                                                 of their human rights obligations
                                                                                 under that legal instrument. The
                                                                                 HRTBs are comprised of between
                                                                                 10 and 23 independent human
                                                                                 rights experts, appointed by State
     The 2018 Synthesis Note is available at bit.ly/ClimateObligations.          Parties and working in their person-
                                                                                 al capacities. They have three main
                                                                                 functions: the individual communi-
                                                                                 cations procedure (a quasi-judicial
The present note (2019 Note)            as identifies potential gaps where       complaints procedure); general
builds on the information in the        the HRTBs could play an im-              comments (or recommendations)
2018 Synthesis Note and compiles        portant role in articulating States’     and thematic initiatives; and the
and summarizes the statements on        human rights obligations related to      State reporting procedure.
climate adopted by the HRTBs in         climate change.
2018 — a year which saw an un-                                                   The State reporting procedure in-
precedented level of engagement by      The 2019 Note contains three             volves the State submitting a report
the HRTBs on this issue. It reviews     sections: a review of the role of the    on its compliance with the relevant
trends and emerging themes, as well     HRTBs in addressing human rights         human rights treaty and then the

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update    |     2      |      CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
Three Annexes in the 2019 Update

                                                                             Committee on the Elimination
                                                                             of Discrimination against
                                                                             Women (CEDAW)

          Committee on Economic,
          Social and Cultural Rights
                           (CESCR)

                                                                             Committee on the Rights of
                                                                             the Child (CRC)

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update   |    3     |    CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
Name of the treaty body          Human rights treaty monitored         Relevant rights and principles

 Committee on                     International Convention              • Obligation to prohibit and eliminate
 the Elimination of               on the Elimination of All               discrimination against women (article 2)
 Discrimination Against           Forms of Discrimination                 and to ensure the full development and
 Women (CEDAW)                    Against Women                           advancement of women (article 3)
                                                                        • Right to participation (article 7)
                                                                        • Rights of rural women (article 14)

 Committee on Economic,           International Covenant                • Obligation to take steps towards full
 Social and Cultural              on Economic, Social and                 realization of ESC rights (article 2)
 Rights (CESCR)                   Cultural Rights                       • Peoples’ right of self-determination and to
                                                                          own means of subsistence (article 1)
                                                                        • Rights to an adequate standard of living,
                                                                          including food, water, and housing (article
                                                                          11), to health (article 12), and to science and
                                                                          culture (article 15)

 Committee on the Rights          International Convention              • Obligation to respect and ensure the rights
 of the Child (CRC)               on the Rights of the Child              of children and to eliminate discrimination
                                                                          against children (article 2) and principle of
                                                                          best interests of the child (article 3)
                                                                        • Rights to life (article 6), freedom of
                                                                          expression (article 13), health (article 24), an
                                                                          adequate standard of living, including food,
                                                                          water, sanitation, and housing (article 27),
                                                                          and education (article 28)

 Human Rights                     International Covenant                • Peoples’ right of self-determination (article 1)
 Committee (CCPR)                 on Civil and Political                • Rights to life (article 6), to expression (article
                                  Rights                                  19), to take part in public affairs (article 25),
                                                                          and to culture (article 27)

 Committee on the                 International Convention              • Prohibition of racial discrimination
 Elimination of Racial            on the Elimination of                   (article 2) and obligation to eliminate racial
 Discrimination (CERD)            All Forms of Racial                     discrimination in relation to all human rights
                                  Discrimination                          (article 5)

 Committee on the                 International Convention              • Prohibition of discrimination against persons
 Rights of Persons with           on the Rights of Persons                with disabilities (article 4), obligation to
 Disabilities (CRPD)              with Disabilities                       consult
                                                                        • Rights to life (article 10), education (article
                                                                          24), health (article 25), and adequate
                                                                          standard of living (article29)
                                                                        • Obligation to protect persons with disabilities
                                                                          in situations of risk and natural disasters
                                                                          (article 11)

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update      |      4       |       CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
Committee reviewing the report           in general comments. Thus far, no      receiving the COBs, and the main
                                                 and holding a “Dialogue” with the        committee has dealt with substan-      themes covered. It will also compare
                                                 State. The process concludes with        tive arguments related to climate      2018 to the work of the HRTBs in
                                                 the Committee issuing Concluding         change in its decisions on individu-   previous years and will discuss the
                                                 Observations (COBs), which make          al communications.                     developments, trends, and gaps.
                                                 recommendations on the State’s
                                                 compliance with the relevant treaty.     Analysis of the                        General Comments and
                                                 See our 2018 Synthesis Note for          Contributions of the                   Thematic Initiatives of the
                                                 more details regarding these pro-        HRTBs in 2018 to                       HRTBs
                                                 cesses.
                                                                                          Elaborating States’                    In February 2018, the CEDAW
                                                 Among the ten HRTBs currently                                                   adopted its General Recommenda-
                                                 in existence, several have played a      Human Rights                           tion No. 37 on “Gender-related di-
                                                 particularly active role in addressing   Obligations in the                     mensions of disaster risk reduction
                                                 climate change, in part due to the                                              in the context of climate change,”
                                                 scope of the substantive obligations
                                                                                          Context of Climate                     which articulates that climate
                                                 provided in the relevant treaty: the     Change                                 impacts are not gender neutral and
                                                 Committee on the Elimination of                                                 discusses different examples of the
                                                 Discrimination of Against Wom-           This section will provide an over-     disproportionate impacts of disas-
                                                                                          view of the work of the HRTBs          ters on women (paragraphs 2 - 6).
                                                 en; the Committee on Economic,
                                                                                          on climate change in 2018. It will     It also identifies many of the key
                                                 Social and Cultural Rights; and
                                                                                          begin with an assessment of the        climate change issues that States
                                                 the Committee on the Rights of
                                                                                          attention given to climate change in   should consider when implement-
                                                 the Child. Other HRTBs have also         general comments and thematic ini-     ing the CEDAW Convention, such
                                                 progressively begun to address hu-       tiatives of the HRTBs. It will then    as: (para. 13) limiting fossil fuel use
                                                 man rights-related implications of       consider the references to climate     and greenhouse gas emissions; the
                                                 climate change and climate policies.     change in the State reporting proce-   harmful environmental effects of
                                                                                          dures of the HRTBs, discussing the     extractive industries such as mining
                                                 Climate change has been addressed
                                                                                          historical evolution of Concluding     and fracking; and the allocation
                                                 most frequently in the State report-
                                                                                          Observations, the type of countries    of climate finance. The General
                                                 ing procedures and less frequently
                                                                                                                                 Recommendation also insists on the
                                                                                                                                 participation of women in rela-
                                                                                                                                 tion to understanding the impacts
                                                                                                                                 of climate change and designing
© Abbie Trayler-Smith / Panos Pictures / Department

                                                                                                                                 responses and solutions and at all
                                                                                                                                 levels of decision-making, including
                                                                                                                                 the negotiation of global action on
                                                                                                                                 climate change.
                                                                                                                                 In October 2018, at the time of the
for International Development

                                                                                                                                 publication of the report of the In-
                                                                                                                                 tergovernmental Panel on Climate
                                                                                                                                 Change (IPCC) on the impacts of
                                                                                                                                 global warming of 1.5 °C above
                                                                                                                                 pre-industrial levels, the CESCR
                                                                                                                                 adopted a Statement on “Climate
                                                                                                                                 change and the International

                                                States’ Human Rights Obligations in the Context of Climate Change: 2019 Update    |      5      |      CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
Covenant on Economic, Social and         adopted its new General Comment         climate change since 2008. Most of
Cultural Rights.”                        No. 36 on the right to life (article    those have occurred since 2012 and
                                         6, International Covenant on Civil      there has been a significant increase
In that Statement, the Committee         and Political Rights), which ac-        from 2016, perhaps in part due to
welcomed the IPCC report and said        knowledges the connection between       the global attention and momen-
that it demonstrated that climate        the right to life and the impacts of    tum on climate change generated
change constitutes a massive threat      climate change and environmental        by the adoption of the Paris Agree-
to economic, social, and cultural        degradation.                            ment in late 2015. 2018 saw a re-
rights. It reminded States that, in                                              cord number of COBs referencing
addition to their voluntary commit-      General Comment 36 dedicates a          climate change.
ments made under the international       paragraph to “environmental degra-
climate change agreements, “all          dation, climate change and unsus-       The CESCR, CEDAW, and CRC
States have human rights obliga-         tainable development” (para 62),        continue to produce the majority of
tions, that should guide them in the     which it describes as “some of the      the COBs on climate change. How-
design and implementation of mea-        most pressing and serious threats       ever, the Committee on the Rights
sures to address climate change.”        to the ability of present and future    of Migrant Workers (CMW) and
                                         generations to enjoy the right to       the Committee on the Rights of
It also warned States that “a failure    life.” Therefore, we can expect to      Persons with Disabilities (CPRD)
to prevent foreseeable human rights      see the Human Rights Committee          have also raised climate change in
harm caused by climate change, or        start to consider the implications of   their work.
a failure to mobilize the maximum        climate change for the right to life,
available resources in an effort to do   in its reviews of States’ compliance    The CPRD has issued 2 COBs on
so, could constitute a breach of this    with the ICCPR.                         climate change in the past two years
obligation.”                                                                     (Seychelles and Honduras). In both
                                                                                 cases, the Committee focused its
The most well-known of the               State Reporting Procedures
                                                                                 recommendations on the special
HRTBs, the Human Rights Com-             of the HRTBs                            risks to persons with disabilities in
mittee, has not yet addressed                                                    disasters and the inclusion of per-
climate change through its State         As Figure 1 demonstrates, there         sons with disability in processes for
reporting procedure. However, in         has been a continuous increase in       the development of national disas-
November 2018, the Committee             the number of COBs addressing           ter risk management systems.

Figure 1: Historic evolution of references to climate change in Concluding Observations of the HRTBs (left) and
in the List of Issues (right), 2008-2018

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update    |     6      |      CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
The CMW referred to climate                     becomes more common and visible,                notice that it will be asked about
change in its List of Issues1 for Par-          we can expect to see the issue of               climate change during the dialogue.
aguay. Specifically, the Committee              climate migration arising more fre-             Hopefully this will avoid the situa-
asked the State to provide informa-             quently in the work of the CMW                  tion where the delegates of the State
tion about measures it had taken to             and other HRTBs (e.g., CESCR).                  present in Geneva for the review
address the causes of irregular mi-                                                             are not equipped to deal with the
gration, including climate change.              2017 and 2018 also saw a signifi-               Committee’s questions on climate
As the impacts of climate change                cant rise in the references to climate          change.
intensify and climate migration                 change in the Lists of Issues pub-
                                                lished by the HRTBs. A reference                As seen in Figure 2, small island
1. Lists of Issues are documents pub-           in the List of Issues can make for              developing States (SIDS) and least
lished by a Committee with questions            a much more interesting dialogue                developed countries (LDCs) have
for the State under review to respond           with the State, since the State must            received the biggest share of recom-
to prior to the review. Usually the State
                                                provide a published written re-                 mendations on climate change from
will send a “Reply” to the List of Issues
                                                sponse to the questions and is on               the HRTBs. In fact, these coun-
prior to the review.

                                      Concluding Observations Adopted by Key HRTBs in 2018

                               Concluding Observations Adopted by Key HRTBs between 2008-2017

Figure 2: References to climate change in Concluding Observations of the CRC, CESCR, and CEDAW (left to right)
adopted in 2008-2017 (below) and 2018 (above), according to type of country
Note: Developed countries are defined as countries included in the Annex-1 of the UN Framework Convention on Climate Change.

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update                   |       7       |       CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
tries received 52% of all references
to climate change over the past
decade, despite the fact that these
countries represented only 31% of
all countries reviewed during the
period. This focus on SIDS and
LDCs was particularly pronounced
for the CRC and CEDAW, whose
approach to climate change has
tended to focus on the protection of
groups (children and women) from
climate impacts.
In 2018, this trend eased as the
CESCR, CRC, and CEDAW
increasingly directed their cli-
mate-related recommendations to a
broader diversity of countries, with
a significant increase in the number
of observations directed to devel-
oped countries.
Over the past decade, CESCR has
made a higher percentage of recom-
mendations to developed countries,      Figure 3: References to climate change in COBs of all HRTBs, by categories,
                                        2008-2018

Figure 4: Climate references in COBs of all HRTBs, by sub-themes, 2008-2018

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update    |     8      |      CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
due to its stronger focus on address-     participation in climate policy-mak-    This increasing awareness by the
ing the causes of climate change.         ing continued to be the most            Committees could provide the
                                          common climate recommendations          basis for a further diversification
Figure 3 analyzes the themes              of the HRTBs. The attention given       of their recommendations in 2019
covered in the COBs on climate            to mitigation by the HRTBs grew         and beyond. The HRTBs have yet
change since 2008. Overall, the vast      slightly in 2018 to 11% and includ-     to address many aspects of climate
majority of references to climate         ed at least one reference to each of    policies from the perspective of hu-
change have related to adapta-            the mitigation sub-themes (emis-        man rights, for instance in relation
tion (40%) and procedural rights          sions reduction, fossil fuels, defor-   to land, food, and deforestation,
(33%). Only 9% of the references          estation, renewable energy, role of     and of global justice issues, such as
to climate change have addressed          private actors, and extra-territorial   financial flows, trade and invest-
mitigation.                               obligations). The compilation be-       ments, and international climate
                                          low provides examples of COBs for       finance.
In terms of the sub-themes ref-
                                          each of these sub-themes.
erenced in Figure 4, the most
commonly addressed were specific          While it is encouraging to see the
                                                                                  Compilation of
groups requiring protection (such         HRTBs increasing their consid-          Statements by the
as children, women, and indigenous        eration of mitigation issues, there
peoples) and public participation         remain many developed countries         HRTBs in 2018 on
(i.e., the participation of civil soci-
ety or particular groups in climate
                                          for whom climate change was not         Climate-Related
                                          addressed at all when they were
decision-making and disaster risk         reviewed by a HRTB in 2018 (and         Obligations
reduction planning). There were           this trend is even more pronounced
also a significant number of recom-                                               The compilation below provides
                                          in relation to the Lists of Issues).    examples of the broad range of
mendations that focused on disas-
ter risk reduction, education, and        It is encouraging to see that the       recommendations made by the
empowerment and on the linkages           level of specificity of the recom-      HRTBs in 2018 regarding how
with the Sustainable Development          mendations adopted by the HRTBs         international human rights obliga-
Goals.                                    in relation to climate change —         tions apply in the context of climate
                                          particularly in relation to emissions   change. This compilation is, howev-
In relation to mitigation, between        reductions — has increased over         er, not exhaustive.
2008 and 2018 the HRTBs have              the past decade and particularly in
focused primarily on national                                                     All concluding observations adopt-
                                          2018. There were a growing num-         ed by the HRTBs can be accessed
emissions reduction and secondly          ber of recommendations address-
on addressing the climate-related                                                 through the following links:
                                          ing national policy developments
impacts of fossil fuels.                  (or gaps in regulations that are of      • Concluding Observations
                                          particular relevance to the country          adopted by CEDAW:
2018 Trends                               under review), such as the CESCR’s           bit.ly/CEDAWcobs
                                          recommendation to Argentina to
2018 reflected many of the previous       “reconsider the large-scale exploita-    • Concluding Observations
trends, such as a much stronger           tion of unconventional fossil fuels          adopted by CESCR:
focus on adaptation and procedural        through hydraulic fracturing in the          bit.ly/CESCRcobs
rights, although procedural rights        Vaca Muerta region, in order to en-
(35%) overtook adaptation (34%)                                                    • Concluding Observations
                                          sure compliance with its obligations
as the most commonly referenced                                                        adopted by CRC:
                                          under the Covenant, in the light of
category. In 2018, the protection of                                                   bit.ly/CRCcobs
                                          the Paris Agreement commitments.”
specific groups from climate im-
pacts and the importance of public

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update     |      9      |      CIEL & GI-ESCR
States' Human Rights Obligations in the Context of Climate Change
Statements by HRTBs in                      change (CEDAW GR37, CE-               • take the measures necessary to
                                            SCR COB to Argentina);                   ensure that private sector actors
2018 Regarding States’                                                               remedy the impact of their
Obligations Related to the                • limit fossil fuel use (CEDAW             operations on affected groups
                                            GR37).                                   (CEDAW COB to Fiji, CE-
Reduction of Emissions and
                                                                                     DAW GR37).
                                         On renewable energy, HRTBs
Fossil Fuels (Mitigation)
                                         reiterated that States have to:         On extraterritorial obligations,
On the duty for states to reduce                                                 HRTBs provided that States must:
                                          • take measures to strengthen
emissions, the HRTBs stated that
                                            policies to address the issue         • establish safeguards to protect
States must:
                                            of climate change, including             all groups from the negative
 • set national targets with time-          through boosting solar energy            impacts of fossil fuels, both
   bound benchmarks to reduce               (CRC COB to Niger);                      in the State party as well as
   greenhouse gas emissions (CE-                                                     abroad, including when those
                                          • work towards a fundamental
   SCR COB to Argentina);                                                            result from exports of fossil
                                            shift to renewable sources of
                                                                                     fuels (CRC COB to Norway,
 • intensify domestic efforts to            energy (CESCR Statement,
                                                                                     CEDAW COB to Australia).
   reach their greenhouse gas emis-         CESCR COB to Argentina,
   sions targets for 2020 (CESCR            CEDAW GR37).
   COB to Germany);
                                                                                 Statements by the HRTBs
                                         On deforestation and land-use,
                                                                                 in 2018 on the Protection
 • design a strategy to eliminate        HRTBs affirmed that States need
   and carry out environmental           to:                                     of Rights from the Impacts
   impact assessments on the im-                                                 of Climate Change
                                          • dedicate the maximum available
   pact of air pollution from coal-
   fired power plants on children’s
                                            resources to the adoption of         (Adaptation)
                                            measures that could mitigate
   health (CRC COB to Spain);                                                    On preventive measures protect-
                                            climate change, such as those
 • review energy and climate                to slow down deforestation and       ing communities from climate
   change policies to ensure that           move to agroecological farming       impacts, HRTBs stated that States
   they do not have an adverse              (CESCR Statement);                   are to:
   impact on the life and health                                                  • strengthen policies or programs
                                          • take effective steps to equitably
   of women and girls (CEDAW                                                         to address the issues of climate
                                            manage shared natural resourc-
   COB to South Korea) and                                                           change and disaster risk man-
                                            es, such as addressing defor-
   ensure sustainable use of natural                                                 agement, which must ensure
                                            estation and soil degradation
   resources (CCPR GC36).                                                            the full and meaningful partic-
                                            (CEDAW GR37, CRC COB to
On the extraction and exploita-             Niger).                                  ipation of communities at risk
tion of fossil fuels, HRTBs stated                                                   (CRC COB to Niger);
                                         On the contribution of the pri-
that States must:                                                                 • strengthen its public policies
                                         vate sector to climate change,
 • establish safeguards to protect       HRTBs said States are required to:          and strategies aimed at mitigat-
   children, both in the State party                                                 ing the impact of natural disas-
                                          • effectively regulate private ac-         ters and climate change on the
   as well as abroad, from the
                                            tors to ensure that their actions        population and reducing the
   negative impacts of fossil fuels
                                            do not worsen climate change             vulnerability of communities
   (CRC COB to Norway);
                                            and that they respect maximum            (CESCR COB to Cabo Verde,
 • limit the harmful environmen-            air pollutant emissions limits           CEDAW GR37).
   tal effects of fracking — in-            (CESCR Statement, CCPR
   cluding its impact for climate           GC36, CEDAW GR37, CRC
                                            COB to Spain);

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update   |      10      |      CIEL & GI-ESCR
© UN Photo/Logan Abassi via Flickr
On protecting rights through                risk factors for gender-based            measures to increase children’s
disaster risk reduction (DRR)               violence against women within            awareness and preparedness
and/or disaster preparedness, the           the context of DRR (CEDAW                for climate change and natural
HRTBs reiterated that States must:          GR37);                                   disasters, increase the physical
                                                                                     safety of school infrastructure,
 • formulate and implement strat-         • integrate human mobility-re-             and establish school-based
   egies and action plans on disas-         lated considerations into DRR            programs such as early warning
   ter response and risk reduction          policies and plans (CEDAW                systems, among other measures
   on the basis of human rights             GR37).                                   (CRC COB to Marshall Is-
   (CESCR COB to Bangladesh,                                                         lands, Palau, Solomon Islands);
   CEDAW GR37);                          On the protection of groups in
                                         vulnerable situations from the          • take into account the greater
 • ensure that a gender perspective      effects of climate change, HRTBs            vulnerability of women in the
   is integrated into national pol-      underlined that States must:                face of natural disasters and
   icies and programs on disaster                                                    climate change by mainstream-
   response and climate change,           • ensure that the requirements of
                                                                                     ing their concerns and rights by
   such as setting up public funds          persons with disabilities, includ-
                                                                                     adopting a human-rights-based
   to support families in the wake          ing children, are included in
                                                                                     approach at all decision-making
   of disasters, creating a system          the design and implementation
                                                                                     levels of the adaptation and
   for the immediate supply of              of all climate change adapta-
                                                                                     mitigation process (CEDAW
   basic necessities, and undertak-         tion and DRR policies (CRPD
                                                                                     COB to Australia, Luxembourg,
   ing gender impact assessments            COB to Seychelles, CRC COB
                                                                                     Marshall Islands, New Zealand,
   during the design, implementa-           to Palau);
                                                                                     CEDAW GR37);
   tion, and monitoring phases of
                                          • develop a comprehensive disas-
   these policies (CEDAW COB                                                     • adopt temporary special mea-
                                            ter-sensitive social protection
   to Cook Islands, Barbados, Fiji,                                                  sures with clear timelines to
                                            system that takes into account
   Suriname, CEDAW GR37);                                                            enhance access for women
                                            the special vulnerabilities and
                                                                                     affected by natural disasters to
 • develop policies and programs            needs of children, as well as
                                                                                     their basic needs, such as educa-
   to address existing and new              their views, by implementing

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update   |      11      |     CIEL & GI-ESCR
tion, food, water, housing, and      Statements by the HRTBs                  On climate education and other
    natural resources. (CEDAW                                                     forms of climate empowerment,
    COB to Nepal);
                                         in 2018 Regarding States’                the HRTBs stated that States have
                                         Obligations Related to                   to:
 • ensure the protection of the
    rights of women and girls with       Procedural Rights                         • provide women and girls with
    disabilities, indigenous and                                                      career counselling, scholarships,
                                         On access to information, public
    minority women and girls, les-                                                    and other incentives, such as
                                         participation, and access to jus-
    bian, bisexual, transgender and                                                   gender-focused community
                                         tice, HRTBs said that States must:
    intersex girls and women, older                                                   participation training, to orient
    women, and those of other mar-        • ensure that national and region-          them to and inform them about
    ginalized groups by including           al strategies and action plans            subjects related to DRR and
    their rights in disaster health         on climate change and disaster            climate change and ensure equal
    care policies and ensuring access       response and risk reduction are           access to these opportunities,
    to health services within disas-        formulated and implemented                as well as to the Green Climate
    ter preparedness and response           with the meaningful participa-            Fund (CEDAW COB to Chile,
    programs (CEDAW GR37).                  tion of affected communities              Fiji, Marshall Islands, Samoa,
                                            and persons, such as persons              CEDAW GR37);
On data and analysis on impacts
                                            with disabilities, and of civil so-
and vulnerabilities, the HRTBs                                                     • undertake measures to increase
                                            ciety (CESCR COB to Bangla-
affirmed that States are required to:                                                 the knowledge of teachers and
                                            desh, Cabo Verde, CRPD COB
                                                                                      educators on environmental
 • improve data and assessments             to Seychelles);
                                                                                      issues and climate change (CRC
    of DRR and preparedness and                                                       COB to Lesotho, Sri Lanka)
                                          • ensure that women are mean-
    climate change policies, taking                                                   and include climate change ad-
                                            ingfully involved in the devel-
    into account vulnerable groups                                                    aptation and DRR in the school
                                            opment of legislation, policies,
    (CRC COB to Palau, Solomon                                                        curriculum (CRC COB to Mar-
                                            and programs on climate
    Islands, CEDAW COB to Sau-                                                        shall Islands, Palau, Solomon
                                            change, disaster response, and
    di Arabia, CEDAW GR37);                                                           Islands, Sri Lanka, CEDAW
                                            DRR at the local, national,
                                            regional and international levels         GR37);
 • ensure that effective monitoring
    and reporting systems are estab-        (CEDAW COB to Australia,
                                                                                   • strengthen national gender
    lished by collecting, analyzing,        Macedonia, Mauritius, New
                                                                                      and women’s rights organiza-
    monitoring, and disseminating           Zealand, Suriname, CEDAW
                                                                                      tions and provide them with
    data across all areas relevant to       GR37);
                                                                                      adequate resources, skills, and
    DRR, climate change, and gen-                                                     authority to carry out strategies
                                          • ensure access to justice for
    der equality and by including                                                     to prevent and respond to di-
                                            women by increasing awareness
    information in periodic reports                                                   sasters and mitigate the adverse
                                            of available legal remedies and
    on the legal frameworks, strat-                                                   effects of climate change (CE-
                                            dispute resolution mechanisms,
    egies, budgets, and programs                                                      DAW GR37, CEDAW COB to
                                            establishing appropriate and
    that they have implemented                                                        Marshall Islands);
                                            effective human rights account-
    to ensure the human rights
                                            ability mechanisms, and ensur-
    of women are promoted and                                                      • invest in gender-responsive
                                            ing the availability of effective
    protected within climate change                                                   social protection systems and
                                            remedies in case of human
    and DRR policies (CEDAW                                                           social services that reduce
                                            rights violations by private
    GR37, CEDAW COB to Cook                                                           economic inequalities between
                                            actors, occurring from activities
    Islands, Samoa).                                                                  women and men (CEDAW
                                            both inside and outside a State’s
                                                                                      GR37, CEDAW COB to Aus-
                                            territory (CEDAW GR37).
                                                                                      tralia).

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update    |      12      |     CIEL & GI-ESCR
Statements by the HRTBs                   • consider their human rights          • allocate a budget for a mecha-
                                            obligations in light of the goals        nism implementing the Sustain-
in 2018 Regarding States’                   and targets provided by the              able Development Goals (CE-
Obligations Related to                      SDGs, particularly in relation           DAW COB to Luxembourg);
                                            to Goal 4 on ensuring quali-
International Cooperation                                                        • strengthen international coop-
                                            ty education (CRC COB to
                                            Lesotho), Goal 5 on gender               eration and seek the support
On the UNFCCC and related in-
                                            equality (CEDAW COB to Fiji,             to which developing States
struments, HRTBs have confirmed
                                            Luxembourg), and Goal 13 on              are entitled in mitigating and
States must:
                                            climate action (CRC COB to               responding to the effects of
 • comply with specific obligations         Guatemala, Palau, Sri Lanka,             climate change, as well as in
   of the Paris Agreement (CESCR            CEDAW COB to Fiji);                      implementing the recommen-
   COB to Argentina, Germany);                                                       dations of the Concluding
                                          • develop a national action plan           Observations (CESCR COB to
 • integrate and coordinate with            on business and human rights             Bangladesh, CESCR Statement,
   other existing frameworks such           on the basis of the 2030 Agenda          CRC COB to Palau, Solomon
   as the UNFCCC, the 2030                  (CEDAW COB to Australia,                 Islands);
   Agenda for Sustainable Devel-            CEDAW GR37);
   opment, and the Sendai Frame-                                                 • mainstream gender into inter-
   work to ensure a consistent and        • ensure migration and devel-              national cooperation programs
   effective approach in climate            opment policies are gender               on DRR, sustainable devel-
   change initiatives (CEDAW                responsive and that they recog-          opment, and climate change
   GR37).                                   nize the influence of disasters          and establish appropriate and
                                            and climate change to these              effective human rights account-
On the Sustainable Development              issues (CEDAW GR37).                     ability mechanisms (CEDAW
Goals (SDGs), HRTBs have de-                                                         COB to South Korea, CEDAW
clared States have to:                   On climate finance and interna-             GR37).
                                         tional cooperation, the HRTBs
                                         have reported that States must:

                                                                                                                       © UN Photo/Logan Abassi via Flickr

States’ Human Rights Obligations in the Context of Climate Change: 2019 Update   |     13      |     CIEL & GI-ESCR
Women’s Rights Obligations of States in the
               Context of Climate Change
    Synthesis of Statements on Climate Change by the Committee on the
        Elimination of Discrimination Against Women (2019 Update)

Climate change has disproportion-       Women (CEDAW) monitors the              risk reduction in the context of
ate adverse impacts on women and        implementation of the Convention        climate change” (GR37). This
undermines their human rights.          through its three functions: the        recommendation identifies the wide
Women’s rights are protected under      State reporting procedure, its gen-     range of obligations of States under
the Convention on the Elimina-          eral recommendations and thematic       ICEDAW in relation to climate
tion of Discrimination Against          initiatives, and its communications     change and disaster risk reduction
Women (ICEDAW), which has               procedure. To date, the CEDAW           and management.
been ratified by 189 States since its   has not addressed climate change in
adoption in 1979. In the context of     any of its decisions on communica-      State Reporting Procedure
climate change, the Convention’s        tions.
most relevant provisions are the                                                The CEDAW has increasingly
prohibition of all forms of discrim-    General Recommendations                 referred to climate change in its rec-
ination against women (article 2),                                              ommendations to States (Conclud-
the obligation to ensure the full       The Committee has adopted three         ing Observations (COBs)) in its
development and advancement of          General Recommendations (GRs)           State reporting procedure. In 2018,
women in all fields, particularly in    that consider how women’s rights        it made climate recommendations
the political, social, economic, and    are affected by climate change:         to 75% of the States it reviewed.
cultural fields (article 3), public     General Recommendation No. 27           The majority of its recommenda-
participation (article 7), and the      on the rights of older women and        tions on climate change continue to
protection of the rights of rural       General Recommendation No.              go to small island developing States
women (article 14).                     34 on the rights of rural women.        (SIDS) and least developed coun-
                                        In early 2018, it adopted General       tries (LDCs). However, it increased
The Committee on the Elimina-           Recommendation 37 on “Gen-              the number of developed States to
tion of Discrimination Against          der-related dimensions of disaster      whom it addressed a recommen-

States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update)   |   1   |    CIEL & GI-ESCR
Figure A: Climate change references in the State Reporting Procedure of the CEDAW in 2018, by document type (left),
and CEDAW COBs with climate change references in 2018, by country type (right)

dation on climate change, and
there was only one developed State
reviewed by the CEDAW in 2018
that did not receive a recommenda-
tion on climate (Liechtenstein).
The CEDAW continued to empha-
size adaptation (44%) and proce-
dural rights (37%) when referring
to climate change and it continued
to make fewer recommendations on
mitigation (7%).
We can also observe the influence
of GR37 in the CEDAW’s COBs.
GR37 has a strong focus on disaster
risk reduction and management,
and those issues are also given the
strongest emphasis in the Commit-
tee’s recommendations to States.
The importance of the participation
of women in all levels of climate
decision-making and the empow-
erment of women through climate
activities are also highlighted in      Figure B: References to climate change in COBs of the CEDAW in 2018, by
GR37 and regularly specified in the     categories
CEDAW’s COBs.

States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update)   |   2   |   CIEL & GI-ESCR
Figure C: References to climate change in COBs of the CEDAW in 2018, by sub-themes

Mitigation continued to receive         provide international cooperation        national implementation of the
less attention from the CEDAW           and assistance relating to climate       Gender Action Plan.
(in both its GR37 and COBs),            change.
with only three recommendations
                                        Building on its increasing engage-
                                                                                 Compilation of
on mitigation (Australia, Fiji, and
South Korea), which focus on            ment with these issues, the CE-          CEDAW Statements
                                        DAW might have the opportunity
emissions reduction and fossil fuel
                                        in 2019 and beyond to address new        on Climate in 2018
extraction and exports. However,
this might be a consequence of the      aspects of climate policies from the     All concluding observations adopted
fact that the CEDAW reviewed            perspective of women’s rights. For       by the CEDAW can be accessed here:
only 5 developed States (Austra-        instance, it might explore how the       bit.ly/CEDAWcobs.
lia, New Zealand, Liechtenstein,        rights of rural women (article 14)
Luxembourg, and South Korea) in         relate to climate impacts and pol-       Access the full General Recommenda-
2018 and developing States are far      icies on land, food, and deforesta-      tion 37 on “Gender-related dimen-
less likely to receive a recommenda-    tion. Further, the CEDAW’s strong        sions of disaster risk reduction in
tion on mitigation.                     expertise on global justice issues       the context of climate change” here:
                                        could also be applied to climate-re-     bit.ly/CEDAWGR37.
In relation to international coop-      lated topics, such as financial flows,
eration, the CEDAW only recom-          trade and investments, and interna-      On the reduction of emissions
mended to one country that it seek      tional climate finance. There might      and fossil fuels (mitigation), States
international assistance in relation    also be a role for the CEDAW to          must:
to climate change activities, and       play in monitoring the implementa-
                                                                                  • reduce greenhouse gas emis-
it made no recommendations that         tion of gender-related commitments
                                                                                    sions, including those resulting
developed States contribute towards     made by countries in the context
                                                                                    from exports (CEDAW COB to
climate financing or otherwise          of the UN climate agreements and
                                                                                    Australia);

States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update)   |   3    |   CIEL & GI-ESCR
• review climate change and                face of natural disasters and          • ensure that women are mean-
   energy policies to ensure they           climate change by mainstream-            ingfully involved in the devel-
   do not adversely impact the life         ing their concerns and rights in         opment of legislation, policies,
   and health of women and girls,           the adaptation and mitigation            and programs on climate
   while working on a fundamen-             process and adopting measures            change, DRR, and response at
   tal shift towards renewable              with clear timelines to enhance          the local, national, regional, and
   sources of energy (CEDAW                 access for women affected by             international levels (CEDAW
   COB to South Korea, CEDAW                natural disasters to their basic         COB to Australia, Macedonia,
   GR37);                                   needs (CEDAW COB to Fiji,                Mauritius, New Zealand);
                                            Luxembourg, Nepal, Suriname,
 • limit fossil fuels and the harm-         CEDAW GR37);                           • ensure access to justice for
   ful environmental effects of                                                      women by increasing awareness
   extractive industries, such as        • ensure the promotion and pro-             of available legal remedies and
   mining and fracking (CEDAW               tection of the rights of women           dispute resolution mechanisms,
   GR37);                                   and girls with disabilities, indig-      establishing appropriate and
                                            enous and minority women and             effective human rights account-
 • take effective steps to equitably        girls, lesbian, bisexual, transgen-      ability mechanisms, and ensur-
   manage shared natural resourc-           der, and intersex girls and wom-         ing the availability of effective
   es, such as addressing deforesta-        en, older women, and those of            remedies in case of human
   tion, near surface permafrost            other marginalized groups by             rights violations by private
   degradation, and soil degrada-           including their rights in disaster       actors, occurring from activities
   tion (CEDAW GR37);                       health care policies and stan-           both inside and outside a State’s
                                            dards and ensuring access to             territory (CEDAW GR37);
 • take the measures necessary to
                                            health information and services
   ensure that private sector actors                                               • strengthen women’s rights by
                                            within disaster preparedness
   remedy the impact of their                                                        providing gender and wom-
                                            and response programs (CE-
   operations on affected groups                                                     en’s rights organizations with
                                            DAW GR37);
   (CEDAW COB to Fiji, CE-                                                           adequate resources, skills, and
   DAW GR37).                            • ensure that effective monitoring          authority to carry out DRR and
                                            and reporting systems are estab-         response strategies to prevent
On the protection of rights from
                                            lished by collecting, analyzing,         and mitigate the adverse effects
the impacts of climate change
                                            monitoring, and disseminating            of climate change, including by
(adaptation), the ICEDAW re-
                                            data across all areas relevant to        promoting the use of traditional
quires States to:
                                            DRR, climate change, and gen-            knowledge, investing in gen-
 • formulate and implement                  der equality (CEDAW GR37,                der-responsive social protection
   policies on disaster risk reduc-         CEDAW COB to Australia,                  systems and services, reducing
   tion (DRR) and response and              Samoa, Saudi Arabia);                    economic inequalities between
   climate change on the basis of                                                    women and men, and providing
                                         • develop policies and programs             women with training oppor-
   human rights, integrating a
                                            to address existing and new              tunities in the area of DRR
   gender perspective therein, by,
                                            risk factors for gender-based            and climate change (CEDAW
   among other measures, carrying
                                            violence against women within            GR37, CEDAW COB to Aus-
   out gender impact assessments
                                            the context of DRR (CEDAW                tralia, Chile, Marshall Islands).
   in the design, implementation,
                                            GR37);
   and monitoring phases of these
                                                                                  On international cooperation,
   policies (CEDAW COB to Aus-           • integrate human mobility con-          the CEDAW has articulated States
   tralia, Barbados, Cook Islands,          siderations into DRR policies         must:
   Macedonia, CEDAW GR37);                  (CEDAW GR37).
                                                                                   • integrate and coordinate with
 • take into account the greater        On procedural rights, States are             other existing frameworks such
   vulnerability of women in the        required to:

States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update)    |   4    |   CIEL & GI-ESCR
as the UNFCCC, the 2030                   equality and Goal 13 related to               opment, and climate change
   Agenda for Sustainable Devel-             climate action (CEDAW COB                     and establish appropriate and
   opment, and the Sendai Frame-             to Fiji, Luxembourg);                         effective human rights account-
   work to ensure a consistent and                                                         ability mechanisms (CEDAW
   effective approach in climate           • develop a national action plan                COB to Australia, South Korea,
   change initiatives (CEDAW                 on business and human rights                  CEDAW GR37);
   GR37);                                    on the basis of the 2030 Agenda
                                             (CEDAW COB to Australia,                   • allocate a budget for a mech-
 • consider their human rights               CEDAW GR37);                                  anism for implementing the
   obligations in light of the goals                                                       Sustainable Development Goals
   and targets provided by the             • mainstream gender into inter-                 (CEDAW COB to Luxem-
   SDGs, particularly in relation            national cooperation programs                 bourg).
   to Goal 5 related to gender               on DRR, sustainable devel-

List of Countries Coming Up for Review by CEDAW in 2019

 Session                           Dates                                     Countries under review
 WG72                              18 February - 8 March 2019                Angola, Antigua and Barbuda, Botswana,
                                                                             Colombia, Ethiopia, Myanmar, Serbia, United
                                                                             Kingdom

 PSWG74                            11-15 March 2019                          Andorra, Bosnia and Herzegovina, Cambodia,
                                                                             Ecuador, Iraq, Kazakhstan, Lithuania,
                                                                             Seychelles, Sweden, Uruguay

 WG73                              1-19 July 2019                            Austria, Bahrain, Cabo Verde, Côte d’Ivoire,
                                                                             Democratic Republic of the Congo, Guyana,
                                                                             Mozambique, Qatar

 PSWG75                            22-26 July 2019                           Belgium, Switzerland, Tunisia

 WG74                              21 October – 8 November 2019              Andorra, Bosnia and Herzegovina, Cambodia,
                                                                             Iraq, Kazakhstan, Lithuania, Pakistan, Seychelles

 PSWG76                            11-15 November 2019                       Germany, Ukraine

                                                     Women’s Rights Obligations of States in the Context of Climate Change
                                                     by The Center for International Environmental Law and The Global
                                                     Initiative for Economic, Social and Cultural Rights is licensed under
                                                     a Creative Commons Attribution 4.0 International License.

                                                     Cover image: Bioversity International/C. Zanzanaini via Flickr

States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update)          |   5    |    CIEL & GI-ESCR
Economic, Social, and Cultural Rights Obligations
    of States in the Context of Climate Change
      Synthesis of Statements on Climate Change by the Committee on
            Economic, Social and Cultural Rights (2019 Update)

The International Covenant on           The Committee on Economic,               underlines the human rights impli-
Economic, Social and Cultural           Social and Cultural Rights (CE-          cations of climate change, the role
Rights (ICESCR) was adopted in          SCR) monitors the implementa-            of human rights mechanisms on
1966 and has been ratified by 166       tion of the ICESCR through its           this issue, and States’ human rights
States. The ICESCR requires States      three functions: the State reporting     duties in light of climate change.
to take steps, individually and         procedure, its general comments
through international assistance        and thematic initiatives, and its        State Reporting Procedure
and cooperation, to the maximum         communications procedure. To
of their available resources, with a    date, the CESCR has not addressed        The CESCR has increasingly re-
view to progressively achieving the     climate change in any of its deci-       ferred to climate change in its Con-
full realization of economic, social,   sions on communications.                 cluding Observations (COBs). This
and cultural rights by all appro-                                                trend has continued in 2018 where
priate means (article 2). Several       General Comments and                     42% of States reviewed by the CE-
substantive rights defined herein                                                SCR during the year received a rec-
are particularly affected by climate    Thematic Initiatives                     ommendation on climate change.
change: the right not to be deprived                                             As seen in Figure A, of those States,
                                        The CESCR addressed climate
of one’s own means of subsistence                                                there was a reasonably even spread
                                        change in its General Comment on
(article 1), to an adequate standard                                             of recommendations to small island
                                        the right to water.
of living, food, adequate housing,                                               developing States (SIDS), least
water, and sanitation (articles 11      In October 2018, following the           developed States (LDCs), other
and 12), and to the enjoyment of        publication of the IPCC Special          developing States, and developed
the highest attainable standard of      Report on 1.5°C, the CESCR               States. For developed States, two
physical and mental health (article     released a Statement on climate          of the three States reviewed by the
12).                                    change and the Covenant, which           CESCR in 2018 received a recom-
                                                                                 mendation on climate.
States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update)   |   1   |    CIEL & GI-ESCR
Figure A: Climate change references in the State Reporting Procedure of the CESCR in 2018, by document type (left),
and climate change references in the COBs of the CESCR in 2018, by country type (right)

The CESCR continued to have a
stronger focus on mitigation issues
than other Committees (20% of its
climate recommendations), for ex-
ample referring to reducing green-
house gasses, export of fossil fuels,
extraterritorial obligations related to
mitigation, fracking, deforestation,
and soil degradation (see Figures B
and C). These recommendations on
mitigation tend to be very targeted
and have a high degree of specifici-
ty, making them more relevant for
policy-making. For example, the
CESCR recommended that Ar-
gentina “reconsider the large-scale
exploitation of unconventional
fossil fuels through hydraulic frac-
turing in the Vaca Muerta region,
in order to ensure compliance with
its obligations under the Covenant,
in the light of the Paris Agreement
commitments.”
                                          Figure B: References to climate change in COBs of the CESCR in 2018, by
Nevertheless, procedural rights was       categories
the category with the highest num-
ber of recommendations (30%) in           the CRC and the CEDAW). For            and risk reduction are formulated
2018, and those recommendations           example, the CESCR recommend-          and implemented on the basis of
concentrated on public participa-         ed that Bangladesh “ensure that        human rights and with the mean-
tion in climate decision-making           strategies and action plans on cli-    ingful participation of affected
(this was also a common theme for         mate change and disaster response      communities and civil society.” As

States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update)   |   2   |    CIEL & GI-ESCR
Figure C: References to climate in COBs of the CESCR in 2018, by sub-themes

in previous years, the CESCR has         The CESCR has yet to address             On the reduction of emissions
been less likely to address adapta-      through its recommendations              and fossil fuels (mitigation), the
tion compared to other Commit-           broader issues related to climate        CESCR has stated that States must:
tees and has referred to disaster risk   justice, such as the linkages between
reduction less often.                    international financial flows, trade,     • reduce greenhouse gas emissions
                                         investments, and climate change.            by setting out national targets
The CESCR has also been less             Nor has it articulated in detail the        with time-bound benchmarks
likely to mention the differentiated     linkages between economic, social,          and intensifying domestic
impact on specific groups, instead       and cultural rights and land use,           efforts to reach the 2020 target
highlighting the impacts on the          deforestation, and climate change.          (CESCR COB to Argentina,
enjoyment of economic, social, and                                                   Germany, CESCR Statement);
cultural rights for all. Nevertheless,
it has often linked climate issues
                                         Compilation of                            • ensure compliance with com-
to the rights of indigenous peoples      CESCR Statements                            mitments made in the Paris
(Argentina and New Zealand).                                                         Agreement in relation to the
                                         on Climate Change in                        exploitation of fossil fuels (CE-
The importance of States complying
with their Paris Agreement commit-
                                         2018                                        SCR COB to Argentina);

ments was also emphasized by CE-         All concluding observations adopted       • promote alternative and renew-
SCR. The Committee has not yet           by the CESCR can be accessed here:          able energy sources (CESCR
made references to the importance        bit.ly/CESCRcobs.                           COB to Argentina);
of developed countries increasing
                                         CESCR’s statement on climate change       • dedicate the maximum available
contributions to climate financ-
                                         and the covenant in the context of          resources to the adoption of
ing. However, the Committee did
                                         the IPCC Report on Global Warming           measures that could mitigate
address international cooperation in
                                         by 1.5ºc is available here: bit.ly/CE-      climate change, such as those
its recommendations to Bangladesh,
                                         SCR1o5c.                                    to slow down deforestation and
encouraging it to seek international
                                                                                     move to agroecological farming
cooperation to mobilize resources
                                                                                     (CESCR Statement);
to tackle climate change.
States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update)   |   3    |    CIEL & GI-ESCR
• effectively regulate private ac-            • strengthen its public policies             SCR COB to Bangladesh, Cabo
   tors to ensure that their actions              and strategies aimed at mitigat-          Verde, CESCR Statement).
   do not worsen climate change                   ing the impact of natural disas-
   and that they respect maximum                  ters and climate change on the        On international cooperation, the
   air pollutant emissions limits                 population and reducing the           CESCR has articulated that States
   (CESCR Statement).                             vulnerability of communities          must:
                                                  (CESCR COB to Cabo Verde).
On the protection of rights from                                                         • comply with specific obligations
the impacts of climate change                 On procedural rights, the CESCR               of the Paris Agreement (CESCR
(adaptation), the CESCR requires              affirmed that States are required to:         COB to Argentina, Germany);
States to:
                                               • ensure that national and region-        • strengthen international coop-
 • ensure that strategies and action              al strategies and action plans            eration and seek the support
   plans on climate change and di-                on climate change and disaster            to which developing States
   saster risk reduction are formu-               response and risk reduction are           are entitled in mitigating and
   lated and implemented on the                   formulated with the meaningful            responding to the effects of
   basis of human rights (CESCR                   participation of affected com-            climate change (CESCR COB
   COB to Bangladesh, CESCR                       munities and civil society (CE-           to Bangladesh, CESCR State-
   Statement);                                                                              ment).

List of Countries Coming Up for Review by CESCR in 2019

 Session                              Dates                                   Countries under review

 WG65                                 18 February - 8 March 2019              Bulgaria, Cameroon, Estonia, Kazakhstan,
                                                                              Mauritius

 PSWG64                               11-15 March 2019                        Austria, Benin, Ecuador, Finland, Israel, Kuwait,
                                                                              Senegal

 WG66                                 30 September – 18 October 2019          Benin, Denmark, Ecuador, Israel, Senegal,
                                                                              Slovakia, Switzerland

 PSWG65                               21-25 October 2019                      Azerbaijan, Chile, Italy, Mongolia

                                                       Economic, Social, and Cultural Rights Obligations of States in the
                                                       Context of Climate Change by The Center for International Envi-
                                                       ronmental Law and The Global Initiative for Economic, Social and
                                                       Cultural Rights is licensed under a Creative Commons Attribution
                                                       4.0 International License.

                                                       Cover image: Danumurthi Mahendra via Flickr

States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update)          |   4     |    CIEL & GI-ESCR
Children’s Rights Obligations of States in the
                 Context of Climate Change
   Synthesis of Statements on Climate Change by the Committee on the
                     Rights of the Child (2019 Update)

The Convention on the Rights of           The Committee on the Rights of         during the CRC’s Day of General
the Child (CRC Convention) has            the Child (CRC) monitors the           Discussion on Children’s Rights
been ratified by 196 States since its     implementation of the Conven-          and the Environment, which result-
adoption in 1989. The CRC Con-            tion through its three functions:      ed in the endorsement by the CRC
vention prohibits discrimination          the State reporting procedure, its     of a series of recommendations
against children and obliges States       general comments and thematic          relating to climate change.
to give primary consideration to the      initiatives, and its communications
best interests of the child (articles 2   procedure. To date, the CRC has        State Reporting Procedure
and 3). The CRC Convention also           not addressed climate change in any
protects many rights that implicitly      of its decisions on communications.    The CRC has increasingly referred
relate to environmental protection                                               to climate change in its State
and climate change, including the         General Comments and                   reporting procedure. In 2018, it
right to life (article 6), to food, wa-                                          made recommendations regarding
ter and sanitation, and housing (ar-      Thematic Initiatives                   climate change to 47% of the States
ticles 24 and 27), and to freedom                                                it reviewed. Those climate recom-
                                          The CRC has elaborated States’
of expression (article 13). The right                                            mendations were spread relatively
                                          obligations under the Convention
to the highest attainable standard of                                            evenly between the different coun-
                                          in the context of climate change
health (article 24(2)) and the right                                             try types (Small Island Developing
                                          in two of its general comments:
to education (article 28) explicitly                                             States (SIDS), Least Developed
                                          GC15 on health (2013) and GC20
mention the consideration of envi-                                               Countries (LDCs), other devel-
                                          on adolescence (2016). Moreover,
ronmental matters in the protection                                              oping countries, and developed
                                          in 2016 this issue was discussed
of these rights.                                                                 countries) (relative to the spread

States’ Human Rights Obligations in the Context of Climate Change: CRC (2019 Update)   |   1    |    CIEL & GI-ESCR
Figure A: Climate change references in the State Reporting Procedure of the CRC in 2018, by document type (left,) and
climate change references in the COBs of the CRC in 2018, by country type (right)

of States reviewed by the CRC in
2018). The majority of the States
that did not receive a recommenda-
tion on climate, were “other devel-
oping States.”
In 2018, the CRC continued to fo-
cus largely on procedural rights and
international cooperation, frequent-
ly reminding States of the impor-
tance of incorporating children’s
perspectives in climate and disaster
risk reduction policy-making and
planning. Education and empow-
erment also featured highly in its
recommendations. Perhaps prompt-
ed by the explicit reference to envi-
ronmental education in article 28
of the Convention, the Committee
also regularly recommended that
States increase children’s awareness
and preparedness for climate change
and natural disasters by including
these topics in the school
                                        Figure B: References to climate change in COBs of the CRC in 2018, by cate-
curriculum.
                                        gories

States’ Human Rights Obligations in the Context of Climate Change: CRC (2019 Update)   |    2    |     CIEL & GI-ESCR
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