States' Human Rights Obligations in the Context of Climate Change
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States’ Human Rights Obligations in the
Context of Climate Change
2020 Update
2019 was a big year for human Other institutions have also the Supreme Court of the Nether-
rights and climate change in the increasingly stepped in to address lands handed down its landmark
work of the UN human rights the linkages between human rights decision in the Urgenda case find-
treaty bodies and beyond. Five hu- and climate change. The High ing that the Dutch government’s
man rights treaty bodies issued a Commissioner for Human Rights measures to reduce emissions
joint public statement articulating increased her advocacy on this were insufficient and in violation
States’ human rights obligations topic, highlighting climate change of its human rights obligations
in the context of climate change, in her opening remarks to each under the European Convention
ahead of the United Nations Sec- of the Human Rights Council on Human Rights, including its
retary-General’s New York Cli- sessions in 2019, making it the obligations with respect to the
mate Summit in September. Two focus of her statement to the Sep- right to life.
individual communications were tember session, and participating
submitted to the treaty bodies in the UN Climate Conference in The work of the UN human rights
asserting that States’ inaction on Madrid (COP25). In December, treaty bodies (HRTBs) remains
climate change, and particularly the Philippines Commission for crucial for developing the juris-
emissions reduction, is threatening Human Rights announced its key prudence and the guidance for
the complainants’ human rights. conclusions in its unprecedented States on States’ human rights
One decision was adopted by the investigation into the responsi- legal obligations with respect to
Human Rights Committee on the bility of fossil fuel corporations climate change, as well as high-
impacts of climate change and the for climate-induced human rights lighting the impacts of climate
right to life. harms. Finally, in December 2019, change and response measures
nications procedure. It analyses
the themes and trends in the treaty
body recommendations to States
regarding climate change.
The Note thus provides a com-
prehensive analysis of the scope of
States’ human rights obligations in
the context of climate change ac-
cording to the HRTBs, exploring
how these UN institutions have
interpreted the key UN human
rights treaties in the context of
climate change mitigation, adap-
tation, international cooperation,
and the participation of civil
society and affected groups in
climate policy-making. Finally, it
includes four Annexes that provide
specific information on the work
of four HRTBs on climate change
since 2008: the Committee on
Economic, Social and Cultural
Rights, the Committee on the
© John and Melanie (Illingworth) Kotsopoulos via Flickr
Elimination of Discrimination
Against Women, the Committee
on the Rights of the Child, and
the Human Rights Committee.
Role of the Human
Rights Treaty Bodies
in Addressing Human
Rights and Climate
Change
The HRTBs are institutions
established under each of the
on the human rights of different in the context of climate change. UN human rights treaties which
groups. The HRTBs are also an The publication builds on our two are mandated to monitor States’
important accountability mecha- previous Synthesis Notes (2018 implementation of their human
nism for ensuring States respect, and 2019), collating and analyzing rights obligations under that legal
protect, and fulfill rights in the the outputs of the treaty bodies on instrument. The HRTBs are com-
context of climate change impacts this topic. It considers the devel- prised of between 10 and 23 in-
and response measures. opments in each of the functions dependent human rights experts,
of the HRTBs: general comments appointed by States but working
This Synthesis Note provides a and thematic initiatives; state
summary of developments in the in their personal capacities. They
reporting procedure; and commu- have three main functions: the
HRTBs’ work on human rights
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 2 | CIEL & GI-ESCR
Four Annexes to the 2020 Update
Available here: http://bit.ly/HRTB2020Update
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)
Human Rights Committee
(CCPR)
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 3 | CIEL & GI-ESCR
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) and to
Discrimination Against Forms of Discrimination ensure the full development and advancement of
Women (CEDAW) Against Women women (article 3)
(ICEDAW) • Right to participation (article 7)
• Rights of rural women (article 14)
Committee on Economic, International Covenant • Obligation to take steps towards full realization
Social and Cultural on Economic, Social and of ESC rights (article 2)
Rights (CESCR) Cultural Rights (ICESCR) • 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
of the Child (CRC) on the Rights of the Child children and to eliminate discrimination against
(ICRC) 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 (ICCPR) 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 consult
Disabilities (CRPD) with Disabilities (ICRPD) • Rights to life (article 10), education (article 24),
health (article 25), and adequate standard of
living (article 29)
Committee on the International Convention • Right to freely leave any state and enter the state
Protection of the Rights on the Protection of the of origin (article 8)
of All Migrant Workers Rights of All Migrant • Obligation to promote sound, equitable
and Members of their Workers and Members of and humane conditions in connection with
Families (CMW) Their Families (ICMW) international migration (article 64)
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 4 | CIEL & GI-ESCR
State reporting procedure (review- Analysis of the climate-related disasters, the draft
ing States’ compliance with their text also stresses that “limiting
treaty obligations); the individual Contributions of the fossil fuel use and greenhouse gas
communications procedure (a HRTBs to Elaborating emissions and the harmful en-
quasi-judicial complaints proce- vironmental effects of extractive
dure); and general comments (or States’ Human Rights industries such as mining and
recommendations) and thematic Obligations in the fracking, as well as the allocation
initiatives. of climate financing, are regarded
Context of Climate as crucial steps in mitigating the
Since 2008, a number of the
HRTBs have considered climate
Change negative human rights impact of
climate change and disasters.”
change and how it impacts the
General Comments and
rights protected under key UN Also highly relevant is the Hu-
human rights treaties. The major- Thematic Initiatives of the man Rights Committee’s General
ity of the work on climate change HRTBs Comment No. 36 (right to life),
has occurred in the State report- which states that “Environmental
ing procedures and has involved In September 2019, ahead of the degradation, climate change and
Committees asking States ques- UN Climate Action Summit, unsustainable development con-
tions about climate policies and five HRTBs published a joint stitute some of the most pressing
making recommendations to them statement on “human rights and and serious threats to the ability
about how to comply with their climate change.” It is rare for the of present and future generations
treaty obligations in the context of treaty bodies to issue joint public to enjoy the right to life.” Further,
climate change. statements, which indicates that the General Comment notes that
climate change is considered a “States parties are thus under a
Three Committees have been particularly important topic and due diligence obligation to under-
particularly active in addressing relevant to a wide range of human take reasonable positive measures,
climate change, in part due to the rights and rights holders. The which do not impose on them
scope of the substantive obliga- statement provides an important disproportionate burdens, in
tions contained in the relevant overview of the nature and scope response to reasonably foreseeable
treaty: the Committee on the of States’ human rights obligations threats to life originating from
Elimination of Discrimination in the context of climate change. private persons and entities, whose
Against Women (CEDAW); the conduct is not attributable to the
Committee on Economic, Social In addition, several HRTBs have State.”
and Cultural Rights (CESCR); issued General Comments and
and the Committee on the Rights Statements of high relevance to Complementary to the joint
of the Child (CRC). More recent- the linkages between human rights statement described above, two
ly, other Committees have also be- and climate change. CEDAW Committees have also adopted
gun to engage on the issue, includ- General Recommendation #37 treaty-specific statements on cli-
ing the Human Rights Committee (2018) stresses the following three mate change. Following the release
(CCPR), the Committee on the general principles of the CEDAW of the IPCC report on 1.5°C in
Elimination of Racial Discrimina- Convention as particularly rele- October 2018, CESCR adopted
tion (CERD), and the Committee vant to guide climate action and a statement on “Climate change
on Migrant Workers (CMW). The disaster risk reduction: substantive and the International Covenant
engagement of the HRTBs on equality and non-discrimination; on Economic, Social and Cultural
climate change reached a new high participation and empowerment; Rights.” The Statement stressed
in 2019 with some interesting new and accountability and access the obligation of States to mobilize
initiatives and cases, which are to justice. While the CEDAW’s the maximum available resources
discussed below. main focus in the General Recom- to protect their populations, as
mendation is on policy designed well as populations outside their
to address climate impacts and borders, from the impacts of
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 5 | CIEL & GI-ESCR
I
n September 2019, five
© Silke von Brockhausen / UNDP
HRTBs — the CEDAW,
the CESCR, the CRC, the
CMW, and the Committee on
the Rights of Persons with Dis-
abilities (CRPD) — adopted a
joint statement on human rights
and climate change. It articulates
the legal obligations of the 196
States that have signed the rele-
vant UN human rights treaties
(ICEDAW / women’s rights,
ICRC / children rights, ICESCR
/ economic, social, and cultural
rights, ICRPD / rights of persons
with disabilities, and ICMW / approach with wide participation Developed States are reminded
rights of migrant workers), in the in climate policy-making. of their obligations of interna-
context of climate change. tional cooperation with respect
The statement goes beyond reit- to climate finance and transfers
The statement welcomes the erating calls for emissions reduc- of green technologies to devel-
2018 report of the Intergov- tions, stressing that States must, oping countries. Finally, the
ernmental Panel on Climate as a matter of human rights law, statement highlights that in the
Change (IPCC), on 1.5°C of implement emissions cuts reflect- design and implementation of
global warming and notes that ing the highest possible ambi- climate policies, States must re-
the climate impacts identified in tion, including by phasing out spect, protect, and fulfill rights.
that report threaten the right to fossil fuels, promoting renewable
life, the right to adequate food, energy, combatting deforestation, The statement concludes by
the right to adequate housing, and ensuring financial flows, saying that the HRTBs will
the right to health, the right to investments, and incentives are continue to “keep under review”
water, and cultural rights. consistent with low emissions the impacts of climate change on
pathways. It also stresses the rights. Therefore, we can expect
The statement also underscores obligations of States to regulate that climate change will continue
that some groups are more vul- private actors and hold them to be a topic of focus in the work
nerable to the risk of harm than accountable for climate harms of the Committees.
others: “those segments of the occurring domestically and
population already marginalized extra-territorially. It warns States This important statement clearly
or in vulnerable situations or that: “Failure to take measures articulates how the human rights
that, due to discrimination and to prevent foreseeable human treaties apply in relation to cli-
pre-existing inequalities, have rights harm caused by climate mate-related human rights harms
limited access to decision-mak- change, or to regulate activities and what States must do to avoid
ing or resources, such as women, contributing to such harm, could such harms. Advocates are al-
children, persons with disabil- constitute a violation of States’ ready referring to this statement
ities, Indigenous Peoples and human rights obligations.” It in petitions and reports to the
persons living in rural areas.” urges States to take into con- human rights treaty bodies and
However, it recognizes the agen- sideration their human rights in their advocacy at the national
cy of those most impacted by obligations, as they review their level.
climate change and emphasizes climate commitments under the
an inclusive, multi-stakeholder UNFCCC framework.
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 6 | CIEL & GI-ESCR
climate change. The Statement ers to understand States’ legal Strait Islanders lodged a complaint
also noted the role of courts and obligations and will be a useful with the UN Human Rights
other human rights mechanisms tool in pushing for State action Committee against Australia in
to ensure the enforcement of those to protect rights by addressing relation to climate-induced rising
obligations, as well as the role of climate change. It will also be of seas, tidal surges, coastal erosion,
States to adequately regulate busi- interest to advocates working on and inundation of communities
ness actors. national climate litigation relying in the Torres Strait Islands in the
on human rights legal protections, north of Australia. The Islanders
In the context of the 2018/2019 which is a growing body of work. claim that Australia’s failure to
climate mobilizations led by chil- reduce emissions, combined with
dren and youth (Fridays for Fu- Communications the absence of adequate climate
ture), the CRC also issued a state- adaptation measures, violates
ment in September 2019 voicing Procedure
their fundamental human rights,
support for children campaigning including their rights to life and
In a sign that both victims of
on climate change, welcoming culture. The petition describes the
climate impacts and climate advo-
“the active and meaningful par- serious impacts of climate change
cates see the HRTBs as important
ticipation of children, as human on the island life of the Torres
avenues of accountability and
rights defenders, in relation to Strait Islanders, highlighting how
advocacy and as useful pressure
issues of concern to them along climate change is threatening their
points in climate campaigns, three
with everyone else.” The Com- homes, land, food sources, water
cases have arisen in the HRTBs’
mittee stressed that in accordance sources, cultural sites, and prac-
communications (complaints)
with article 12 of the Convention tices.
procedures. Two of those cases are
on the Rights of the Child, chil-
pending and a decision has been
dren must be at the center of the Ultimately, climate change will
adopted in the third case.
discourse on climate change and forcibly displace the Torres Strait
their opinion should be listened to UN Human Rights Committee Islanders to mainland Australia,
and taken into account. communication against away from their land and sea ter-
Australia by a group of Torres ritories, to which their culture is
This growing body of soft law inextricably linked. The Islanders
Strait Islanders:
guidance to States on human are seeking remedies for the viola-
rights and climate change will In the first action of its kind, tions of their rights to life (ICCPR
assist States and other stakehold- in May 2019, a group of Torres article 6) and culture (article 27),
© Tommi Boom via Flickr
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 7 | CIEL & GI-ESCR
occasioned by Australia’s failure to States are violating the petitioners’ mate change in Kiribati posed an
effectively mitigate climate change. rights to life, health, culture, and imminent threat to their lives (case
the prioritization of the child’s best summary). The petitioner present-
This case has been registered by interests. They also seek recom- ed evidence in his claim for asylum
the Committee and, after the mendations that the respondent in the national courts, describing
exchange of documents by the States: the rising sea levels, coastal ero-
parties, will be considered at a sion, reduction in habitable land,
future session of the Committee. • review and amend their laws salination of water supplies, lack of
Currently, the average time for and policies to ensure that access to drinking water, reduced
a decision in cases submitted to mitigation and adaptation ef-
ability to grow food crops, and
the Human Rights Committee is forts are accelerated in order to
over-crowding and violent land
approximately four years. protect the petitioners’ rights;
disputes. The Committee accepted
UN Committee on the Rights • initiate cooperative interna- his claim that due to sea level rise,
of the Child communication tional action to establish bind- Kiribati would be uninhabitable in
against Argentina, Brazil, ing and enforceable measures 10-15 years’ time.
France, Germany, and Turkey by to mitigate the climate crisis
and prevent further harm to Whilst ultimately rejecting the
a group of children: man’s petition, the Committee ac-
children; and
On September 23, 2019, Greta cepted that the impacts of climate
• ensure the child’s right to be change could expose people to
Thunberg and fifteen other chil-
heard and to express their violations of the right to life under
dren filed a petition against Argen- views freely, in all efforts to the International Covenant on
tina, Brazil, France, Germany, and mitigate or adapt to the cli-
Turkey under the Third Optional Civil and Political Rights and trig-
mate crisis. ger State obligations not to deport
Protocol to the International
Convention on the Rights of the people. Signaling that future cases
The Committee has registered the
Child (ICRC). The petitioners might be decided differently as the
communication as five separate
allege that in knowingly causing impacts of climate change worsen,
cases, one against each of the five
and perpetuating climate change, the Committee explicitly noted
States. Now the admissibility and
those States have failed to take the New Zealand’s obligation in future
merits will be considered by the
necessary measures to respect, pro- deportation cases to consider new
Committee. Currently, the average
tect, and fulfill the children’s rights and updated data on the effects of
length of time between the sub-
to life (Article 6), health (Article climate change in Kiribati.
mission of communications to the
24), and culture (Article 30) under CRC and the adoption of a deci- Two Committee members pub-
the Convention. In addition, the sion is approximately two years. lished notable dissenting opinions
petitioners claim that the adoption in the case — Ms. Vasilka Sancin
of climate policies which merely UN Human Rights Committee
and Mr. Duncan Laki Muhumuza,
delay decarbonization effectively communication against New
with the latter admonishing the
shifts the burden of climate change Zealand regarding
actions of New Zealand as akin to
onto future generations, amount- non-refoulment obligations in
“forcing a drowning person back
ing to a violation of their right to the context of climate change:
into a sinking vessel, with the
have children’s bests interests be a ‘justification’ that after all there are
The Human Rights Committee
primary consideration in actions other voyagers on board.”
recently adopted its decision in a
that concern them (Article 3). case against New Zealand (CCPR/
By way of relief, the petitioners C/127/D/2728/2016) brought by State Reporting Procedures
seek findings that, by reckless- a Kiribati man and his family who of the HRTBs
ly perpetuating life-threatening claimed that his right to life was
climate change, in disregard of violated when he was deported to The HRTBs have been raising
scientific evidence, the respondent Kiribati, since the impacts of cli- climate change in their reviews
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 8 | CIEL & GI-ESCR
of States’ compliance with hu- The CEDAW has made the and monitoring of the Sendai
man rights treaties since at least highest number of climate-related Framework.” (CRPD, Australia,
2008. The number of references to recommendations (46 Concluding 2019)
climate change across the HRTBs Observations) and questions (27 For the CCPR and the CERD,
has grown significantly since then, Lists of Issues) to states between 2019 was the first year that they
although we saw a slight drop in 2008 and 2019. made recommendations on cli-
2019 compared with 2018. Much mate. The CCPR made a climate
of the recent growth has been in The Human Rights Commit- recommendation to Cabo Verde
references to climate change in the tee, Committee on the Rights of and addressed climate in its Lists
“Lists of Issues” provided by the Persons with Disabilities (CRPD), of Issues to three States (Unit-
HRTBs to States. Lists of Issues Committee on the Elimination of ed States, Dominica, and Cabo
are documents highlighting the Racial Discrimination, and Com- Verde). For example, the Commit-
key human rights issues in that mittee on the Rights of Migrant tee urged Cabo Verde to:
particular country with respect Workers all made one or two “As a small island state partic-
to the relevant treaty, which the recommendations (Concluding ularly vulnerable to climate
HRTB would like the State to ad- Observations (COBs)) on climate change… step up efforts to de-
dress in the review process. There- to States in 2019. For example, velop mechanisms and systems
fore, where climate appears in the the CRPD recommended that to ensure sustainable use of
List of Issues, this indicates that Australia: natural resources, develop and
the HRTB sees climate change as “Recognizing that the effects of implement substantive environ-
an important issue and one that climate change contribute to mental standards, conduct envi-
the State should address in its exacerbating inequality and vul- ronmental impact assessments,
State report and in the dialogue nerability among persons with provide appropriate access to
with the Committee. disabilities,… in close consulta- information on environmental
tion with representative organi- hazards and implement the
The CRC, CESCR, and CEDAW zations of persons with disabil- precautionary approach to pro-
continue to make the highest ities, establish a fully accessible tect persons in the State Party,
number of recommendations to and inclusive mechanism to including the most vulnerable,
States, with a noticeable increase engage with persons with dis- from the negative impact of
in 2019 for the CRC and CESCR. abilities in the implementation
Figures 1 & 2: Evolution of References to Climate Change in Concluding Observations (left) and Lists of Issues
(right) of the HRTBs, 2008–2019
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 9 | CIEL & GI-ESCR
climate change and natural di- public affairs) of the International ing the State ensure the partici-
sasters...” (CCPR, Cabo Verde, Covenant on Civil and Political pation of Indigenous Peoples in
2019) Rights (ICCPR). climate policy-making.
For each of these recommenda-
tions or questions, the Commit- The CERD made climate recom- As can be seen in Figure 3, the
tee’s concerns on climate change mendations to El Salvador and States most likely to receive a rec-
related to the right to life. For Mexico, in both cases raising con- ommendation on climate from the
Dominica, the Committee also cerns about the impact of climate HRTBs are small island develop-
referenced articles 17 (right to change on Indigenous Peoples’ ing states (SIDS) and least devel-
privacy, family, and home) and rights and land, and recommend- oped countries (LDCs). This is
25 (right to vote and take part in particularly so for CEDAW, which
addressed climate change in 33%
of its recommendations to SIDS
and LDCs, but in only 10 % of
its recommendations to developed
states.
An example of a recommendation
to a SIDS is the CRC’s recommen-
dation that Tonga:
“fully implement and support
with adequate resources the re-
vised Joint National Action Plan
on Climate Change and Disas-
ter Risk Management (JNAP2)
including addressing key gaps
Figure 3: Geography of Concluding Observations Adopted by Key HRTBs
(CRC, CESCR, CEDAW), 2008–2019
Figure 4: Climate Concluding Observations Adopted by CRC, CESCR, & CEDAW, 2008–2019
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 10 | CIEL & GI-ESCRidentified from the previous common theme was procedural consideration of Mozambique
National Action Plan on Cli- rights (33%), and particularly, the referred to the recent Cyclone Idai
mate Change and Disaster Risk participation of specific groups in and recommended:
Management (JNAP1); climate decision and policy-mak- “Ensure that the specific vulner-
(b) Continue building children’s ing. For example, the CRC in its abilities and needs of children,
awareness and preparedness
for climate change and natural
disasters;
(c) Review emergency protocols
to include assistance and other
support to all children, partic-
ularly those with disabilities,
during emergencies and natu-
ral disasters…” (CRC, Tonga,
2019)
The CESCR was the only HRTB
to make more recommendations
on climate to developed states (10)
than to SIDS and LDCs (4) or to
other developing states (4).
The diagrams below show the
different themes addressed in the
climate-related recommendations
of the HRTBs.
Adaptation is the theme that
received the greatest attention
from the HRTBs in their climate
recommendations, being the sub-
ject of 37% of all of the climate Figure 5: References to Climate Change in Concluding Observations of All
recommendations. The next most HRTBs by Category, 2008-2019
Figure 6: References to Climate Change in Concluding Observations of CEDAW, CESCR, and CRC (from left to
right) by Category, 2008–2019
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 11 | CIEL & GI-ESCRas well as their views, are taken lar the United States, whose through hydraulic fracturing in
into account in the develop- extraterritorial nuclear testing the Vaca Muerta region, in order
ment of policies or programmes activities have exacerbated the to ensure compliance with its
addressing the issues of climate adverse effects of climate change obligations under the Covenant,
change and disaster risk man- and natural disasters in the State in the light of the Paris Agreement
agement; party.” (CEDAW, Marshall commitments” (CESCR, Argenti-
(b) Increase children’s awareness Islands, 2018) na, 2018).
and preparedness for climate
change and natural disasters by The CESCR and the CRC are the In addition to urging states to halt
incorporating it into the school HRTBs that have paid the most fossil fuel extraction, CEDAW and
curriculum and teacher training attention to mitigation in their CESCR also recommended that
Programmes...” (CRC, Mozam- climate recommendations, includ- Australia “reconsider its position
bique, 2019) ing by referencing the need for in support of […] coal exports”
countries to set adequate climate (CESCR, Australia, 2018).
The CEDAW has also strongly change targets as well as to im-
emphasized the participation and plement measures to ensure the Addressing the drivers of con-
empowerment of women in cli- fulfilment of these objectives. For tinued extraction, CESCR asked
mate policy-making. For example, instance, the CESCR raised con- Switzerland to “take the necessary
it recommended that Cambodia: cerns with Switzerland that it: measures to reduce public and
“(a) Ensure the effective par- “is not making the necessary ef- private investment in the fossil
ticipation of women, not only forts to achieve the greenhouse fuel industry and ensure that it
as those disproportionately gas emission reduction target is compatible with the need to
affected by the effects of climate for 2020 and that the 50% reduce greenhouse gas emissions.”
change and disasters but as reduction target compared to (CESCR, Switzerland, 2019)
agents of change, in the for- the 1990 emission level set for Surprisingly, there is only one
mulation and implementation the year 2030 is not compatible recommendation from the HRTBs
of policies and action plans on with the global warming miti- on the “climate response measures”
climate change and disaster gation targets set by the inter- category. This category refers
response and risk reduction; national community.” (CESCR, to measures taken by States to
(b) Ensure that policies and Switzerland, 2019) combat climate change that have
plans on disaster risk reduction had an adverse impact on human
and climate change explicitly Whilst both the CESCR and the
CRC have each addressed miti- rights. CEDAW’s recommenda-
include a gender perspective tion to Australia stated: “Adopt a
and take into account the par- gation in ten recommendations
to States, this amounts to 27% of human rights-based approach in
ticular needs of women, in par- the development of climate change
ticular rural women.” (CEDAW, CESCR’s climate recommenda-
tions and only 10% of the CRC’s. responses.” (CEDAW, Australia,
Cambodia, 2019) 2018)
However, the Committees are in-
International cooperation has been creasingly focusing their attention It may be that there were other
the focus of 19% of recommenda- on the root causes of the climate instances where the HRTBs raised
tions. An example of a recommen- crisis, including the continued ex- concerns about certain projects’
dation on international co-oper- traction of fossil fuels such as oil, impacts on rights, but the rec-
ation, is CEDAW’s very explicit gas, and coal, the export of these ommendation has not explicitly
recommendation to the Marshall fossil fuels, and the public and pri- noted that the project is linked to
Islands: vate financial investments driving climate mitigation or adaptation.
“Seek international coopera- extraction. For instance, CESCR In any event, it is expected that
tion and assistance, including recommended that Argentina “re- this theme might receive more
climate change financing, from consider the large-scale exploita- attention in the coming years, par-
other countries, in particu- tion of unconventional fossil fuels ticularly as the imperative of a just
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 12 | CIEL & GI-ESCRFigure 7: Climate References in Concluding Observations of All HRTBS by Sub-Themes, 2008–2019
transition is increasingly recog- perhaps reflecting the fact that its All concluding observations adopt-
nized by States and stakeholders. General Recommendation No. 37 ed by the HRTBs can be accessed
has a strong focus on disaster risk through the following links:
The recommendations were also reduction in the context of climate
categorized according to the sub- change. The Sustainable Devel- • Concluding Observations
themes shown in Figure 7. opment Goals (SDGs) received a adopted by CEDAW:
reasonable amount of attention bit.ly/CEDAWcobs
This diagram shows that “par-
ticipation” (20%) and “focus on in the climate-related recommen- • Concluding Observations
specific groups” (22%) were the dations (9%), but surprisingly, adopted by CESCR:
two most commonly referenced the framework of the United bit.ly/CESCRcobs
sub-themes, closely followed Nations Framework Convention
by “disaster risk reduction” and on Climate Change (UNFCCC) • Concluding Observations
“education and empowerment.” — including the Paris Climate adopted by CRC:
This is consistent with the fact that Agreement — was only referred to bit.ly/CRCcobs
two of the HRTBs most active on in ten recommendations (3%).
• Concluding Observations
climate change have group-specific An example of a reference to the adopted by CCPR:
mandates: the CRC (children) and SDGs is the CRC recommenda- bit.ly/HRCcobs
CEDAW (women). tion to Japan, which commenced
by drawing the state’s attention to • Concluding Observations
The vast majority of the rec- adopted by CRPD:
ommendations on disaster risk SDG 13 and its targets (climate
action) (CRC, Japan, 2019). bit.ly/CRPDcobs
reduction were made by CEDAW,
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 13 | CIEL & GI-ESCRCompilation of with the commitment to limit
temperature increases to 1.5°C
• review their climate change
and energy policies, and specif-
Statements of the (CESCR COB to Switzerland, ically their policy on extraction
HRTBs Regarding 2019); of oil and gas to ensure it takes
into account the dispropor-
Human Rights and • take immediate measures
tionate negative impacts of
aimed at reversing the current
Climate Change trend of increasing absolute
climate change on women’s
emissions of greenhouse gases, rights (CEDAW COB to
This section provides examples of Norway, 2017);
and pursue alternative and
the statements of the HRTBs on
renewable energy production • review their position in sup-
human rights and climate change, (CESCR COB to Australia,
according to the categories identi- port of coal mines and coal
2017; CRC COB to Australia,
fied above: mitigation, adaptation, exports (CESCR COB to
2019);
procedural rights, and interna- Australia, 2017) and establish
tional cooperation. The references • set national targets with time- targets and deadlines to phase
provided below are not exhaustive, bound benchmarks to reduce out the domestic use of coal
as many treaty bodies have issued greenhouse gas emissions and its export (CRC COB to
recommendations to different (CESCR COB to Ecuador, Australia, 2019);
states on similar themes. Rather, 2019);
• reconsider the increase in oil
this compilation aims to give an
• develop a comprehensive exploitation and large-scale
indication of the direction of the
national plan for reducing the mining in light of the commit-
work of the HRTBs in the context level of greenhouse gas emis- ments of the Paris Agreement
of the climate crisis. sions in line with their interna- (CESCR COB to Ecuador,
tional commitments to prevent 2019);
Statements by HRTBs dangerous climate impacts on
Regarding States’ the rights to life and health • ensure that the “use of
of women and girls, and on non-conventional fossil
Obligations Related to the children’s rights, particularly energies is preceded by consul-
Reduction of Emissions and the rights to health, food, and tation with affected commu-
an adequate standard of living nities and impact assessment
Fossil Fuels (Mitigation) (CEDAW COB to South processes” (CESCR COB to
On the duty of States to reduce Korea, 2018; CRC COB to Canada, 2016).
emissions, the HRTBs said that Belgium, 2019; CRC COB to
Japan, 2019); On fracking, the HRTBs said that
States must:
States must:
• specify, in consultation with
• revise their climate change and
Indigenous Peoples, measures • limit the harmful environmen-
energy policies and increase
that promote mitigation of tal effects of fracking, in-
their efforts to reduce green-
climate change (CERD COB cluding its impact on climate
house gas emissions (CESCR
to Mexico, 2019). change (CEDAW GR37;
COB to the Russian Feder-
ation, 2017; CEDAW COB CESCR COB to Argentina,
On the extraction and exploita-
to Qatar, 2019) to reflect the 2018);
tion of fossil fuels, the HRTBs
highest possible ambition affirmed that States must:
(Joint Statement, 2019); • review the policy on fracking
and its impact on the rights of
• limit fossil fuel use (CEDAW
• intensify domestic efforts to women and girls, and consider
GR37);
reach their greenhouse gas introducing a comprehensive
emissions targets for 2020 • establish targets and deadlines and complete ban on fracking
(CESCR COB to Germany, to phase out the domestic use (CEDAW COB to the United
2018) and increase the tar- of coal and its export (CESCR Kingdom, 2019).
get for 2030 to be consistent COB to Australia, 2019);
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 14 | CIEL & GI-ESCROn the effects of air pollution • accelerate the transition to • effectively regulate private ac-
and climate change, the HRTBs renewable energy, including by tors to ensure that their actions
said States must: committing to achieve 100% do not worsen climate change
renewable energy in the elec- and that they respect maxi-
• design a strategy to eliminate tricity sector (CESCR COB to mum air pollutant emissions
and carry out environmental Australia, 2019); limits (CESCR Statement,
impact assessments on the 2018; CCPR GC36; CEDAW
impact of air pollution from • take measures to strengthen GR37; CRC COB to Spain,
coal-fired power plants on policies to address the issue 2018);
children’s health and on the of climate change, including
climate (CRC COB to Spain, through boosting solar energy • take the measures necessary
2018); (CRC COB to Niger, 2018). to ensure that private sector
actors remedy the impact of
• set out a clear legal commit- On deforestation and land use, their operations on affected
ment, with appropriate tech- the HRTBs affirmed that States groups (CEDAW COB to Fiji,
nical, human, and financial need to: 2018; CEDAW GR37) and
resources, to scale up and hold private actors accountable
expedite the implementation • discontinue deforestation to
reduce the impact of climate for harm they generate both
of plans to reduce air pollu- domestically and extraterritori-
tion levels (CRC COB to the change (CRC COB to Haiti,
2016) and strengthen mea- ally (Joint Statement, 2019).
United Kingdom, 2016), espe-
cially in areas near schools and sures of reforestation (CRC On the role played by public and
residential areas (CRC COB COB to Guinea, 2019); private financial flows in exacer-
to Malta, 2019). • address emissions from the bating the climate crisis, States
land sector, including by com- must:
In relation to the contribution
of the transportation sector to batting deforestation (Joint • take the necessary measures
climate change, the HRTBs have: Statement, 2019), which could to reduce public and private
thus mitigate climate change, investment in the fossil fuel
• stressed the need for States including by slowing down industry and ensure that it is
to ensure the effective imple- deforestation and moving compatible with the need to
mentation of their regulatory to agroecological farming reduce greenhouse gas emis-
framework, and expedite the (CESCR Statement, 2018); sions (CESCR COB to Swit-
implementation of plans to re- zerland, 2019; CRC LOIPR to
duce air pollution levels (CRC • step up efforts to develop
mechanisms and systems to Switzerland, 2019; CEDAW
COB to Malta, 2019); LOI to Sweden, 2019) and
ensure the sustainable use of
• asked for information about natural resources (CCPR COB with climate-resilient develop-
measures to reduce emissions to Cabo Verde, 2019; CCPR ment (Joint Statement, 2019);
in relation to the aviation and GC36); • discontinue financial in-
transport sector (CRC LOIPR centives or investments in
to Switzerland, 2019). • take effective steps to equi-
tably manage shared natural activities and infrastructure
On renewable energy, the resources, such as addressing that are not consistent with
HRTBs reiterated that States have deforestation and soil degra- low greenhouse gas emissions
to: dation (CEDAW GR37; CRC pathways, whether undertaken
COB to Niger, 2018). by public or private actors, as a
• work towards a fundamental mitigation measure to prevent
shift to renewable sources of On the contribution of the pri- further damage and risk (Joint
energy (Joint Statement, 2019; vate sector to climate change, the Statement, 2019);
CESCR COB to Argentina, HRTBs said States are required to:
2018; CEDAW GR37);
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 15 | CIEL & GI-ESCR• reconsider the State party’s protect persons in the State establishment of monitoring
funding of coal-fired power Party (CCPR COB to Cabo mechanisms, and allocate an
plants in other countries and Verde, 2019); adequate level of financial
ensure that they are gradually resources to this end (CESCR
replaced by power plants using • States are to strengthen pol- COB to Mauritius, 2019);
sustainable energy (CRC COB icies or programs to address
to Japan, 2019). the issues of climate change • strengthen the awareness of
and disaster risk management, communities of disaster risk
On extra-territorial obligations, which must ensure the full and prevention measures, as
the HRTBs provided that States and meaningful participation well as to move from risky to
must: of communities at risk (CRC safe areas, and strengthen early
COB to Niger, 2018); warning systems, especially at
• establish safeguards to protect community level (CRC COB
all groups from the negative • States are required to strength- to Mozambique, 2019);
impacts of fossil fuels, both en the preparedness of com-
in the State party as well as munities, particularly those • ensure that a gender perspec-
abroad, including when those living in the South, to climate tive is integrated into national
impacts result from exports change and natural disasters policies and programs on
of fossil fuels (CRC COB to (CESCR COB to Mauritius, disaster response and cli-
Norway, 2017; CEDAW COB 2019); mate change, such as setting
to Australia, 2018); up public funds to support
• States need to be extremely families in the wake of disas-
• regulate private actors, includ- conscious in the development ters, creating a system for the
ing by holding them account- of programs and policies of the immediate supply of basic
able for harm they generate need to manage their environ- necessities, and undertaking
both domestically and extra- mental dimensions in order to gender and women’s rights
territorially (Joint Statement, reduce, to the maximum ex- impact assessments during the
2019). tent possible, the negative im- design, implementation, and
pacts of climate change (CRC monitoring phases of these
Statements by the HRTBs COB to Grenada, 2010). policies (CEDAW COB to
on the Protection of Rights On protecting rights through Fiji, 2018; CEDAW GR37);
from the Impacts of Climate disaster risk reduction (DRR) • develop policies and programs
and/or disaster preparedness, the to address new and existing
Change (Adaptation) HRTBs recommended that States: risk factors for gender-based
On preventive measures protect- violence against women within
• adopt a human-rights-based
ing communities from climate the context of DRR (CEDAW
approach based on a clear
impacts, the HRTBs stated that: GR37);
identification of rights and re-
• a failure to take measures to sponsibilities to formulate and • in close consultation with
prevent foreseeable human implement strategies and ac- representative organizations
rights harm caused by climate tion plans on disaster response of persons with disabilities,
change, or to regulate activities and risk reduction (CESCR establish a fully accessible and
contributing to such harm, COB to Bangladesh, 2018; inclusive mechanism to engage
could constitute a violation of CESCR COB to Mauritius, with persons with disabilities
States’ human rights obliga- 2019; CEDAW GR37); in the implementation and
tions (Joint Statement, 2019); monitoring of the Sendai
• enhance disaster prepared-
ness, response and disaster Framework (CRPD COB to
• States must implement the Australia, 2019);
precautionary approach to risk reduction, including the
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 16 | CIEL & GI-ESCR• integrate human-mobility-re- • address the impact of climate • place children’s rights at the
lated considerations into DRR change on Indigenous Peoples center of national and interna-
policies and plans (CEDAW more effectively while fully tional climate change adapta-
GR37). engaging Indigenous Peoples tion and mitigation strategies,
in related policy and program including through new do-
On the protection of groups in design and implementation mestic climate strategy, and in
vulnerable situations from the (CESCR COB to Canada, the framework of internation-
effects of climate change, the 2016) to address the adverse al climate change programs
HRTBs underlined that States effects of climate change on and financial support (CRC
must: their land and resources COB to the United Kingdom,
• strengthen their social safety (CESCR COB to Finland, 2016);
nets and social protection 2014);
• develop comprehensive disas-
frameworks so as to mitigate • specify, in consultation with ter-sensitive social protection
the multiple social, economic, Indigenous Peoples, measures system strategies to reduce
and environmental impacts of to mitigate the effects of the the vulnerabilities of and risks
climate change more effec- climate crisis on their lands, for children and families,
tively (CRC COB to Jamaica, territories, and resources, with including by mainstreaming
2015); a view to protecting their tra- child-specific and child-sensi-
• invest sufficient human, tech- ditional ways of life and means tive risk and vulnerability re-
nical, and financial resourc- of subsistence (CERD COB to duction strategies, for instance
es in health care, given the Mexico, 2019) and strengthen by increasing the physical
potential major public health dialogue with Indigenous Peo- safety of school infrastructure
burden of climate-change-re- ples on policies to address the and establishing school-based
lated health risks (CRC COB climate crisis (CERD COB to programs such as early warn-
to Tonga, 2019); El Salvador, 2019); ing systems, among other
© UN Photo/Logan Abassi
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 17 | CIEL & GI-ESCRmeasures (CRC COB to the (CRPD COB to Seychelles, areas relevant to DRR, climate
Solomon Islands, 2018); 2018; CRC COB to Palau, change, and gender equality
2018) and mainstream disabil- and by including information
• take into account the greater ity in its climate change poli- in periodic reports on the legal
vulnerability of women in cies and programs, including frameworks, strategies, bud-
the face of natural disasters through a specific protocol to gets, and programs that they
and climate change, especially mitigate the threats to persons have implemented to ensure
those living in areas below sea with disabilities in situations the human rights of women
level and women facing mul- of risk, with accessible early are promoted and protected
tiple and intersecting forms warning systems that incorpo- within climate change and
of discrimination (CEDAW rate sign language and Braille DRR policies (CEDAW
COB to the Philippines, (CRPD COB to Honduras, GR37; CEDAW COB to
2016); 2017); Cook Islands, 2018);
• mainstream the concerns of • ensure the protection of the • conduct an assessment and
women, particularly those rights of women and girls with address the impact of Cyclone
of rural (and Amerindian) disabilities, Indigenous and Idai and Cyclone Kenneth on
women and girls in all climate minority women and girls, women and girls in the State
change policies and programs lesbian, bisexual, transgender party (CEDAW COB to
(CEDAW COB to Jamaica, and intersex girls and women, Mozambique, 2019);
2012) older women, and those of
other marginalized groups by • collect disaggregated data
• adopt a human-rights-based identifying the types of risk
approach at all decision-mak- including their rights in disas-
ter health care policies and en- faced by children, particularly
ing levels of the adaptation considering the distinct needs
and mitigation process suring access to health services
within disaster preparedness and priorities of children with
(CEDAW COB to Australia, disabilities (CRC COB to
2018; CEDAW GR37); and response programs
(CEDAW GR37). Tonga, 2019; CRC COB to
• take measures to address hun- Japan, 2019), with a view to
ger and ensure food security On data and analysis on impacts avoiding preventable death
for rural women in light of the and vulnerabilities, the HRTBs and injuries (CRC COB to
effects of climate change affirmed that States are required Mauritius, 2015);
(CEDAW COB to Cabo to:
• improve data and assessments
Verde, 2019), including • improve data and assessments to have an evidence base for
temporary special measures to have an evidence base for risk reduction and prepared-
with clear timelines to enhance DRR and preparedness and ness, particularly for the
access for women affected by climate change policies, taking distinct needs and priorities
natural disasters to their basic into account vulnerable groups of children with disabilities
needs, such as education, food, (CRC COB to Solomon (CRC COB to Tonga, 2019).
water, housing, and natural Islands, 2018; CEDAW COB
resources (CEDAW COB to to Saudi Arabia, 2018; CE- On migration and displace-
Nepal, 2018); DAW GR37); ment due to climate change, the
HRTBs noted that states must:
• ensure that the requirements • ensure that effective moni-
of persons with disabilities, in- toring and reporting systems • recognize and address the
cluding children, are included are established by collecting, effects of climate change,
in the design and implemen- analyzing, monitoring, and environmental degradation,
tation of all climate change disseminating data across all and natural disasters as drivers
adaptation and DRR policies of (forced) migration (CMW
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 18 | CIEL & GI-ESCRCOB to Guatemala, 2019; Statements by the taken into account in devel-
Joint Statement, 2019); oping policies or programs
HRTBs Regarding States’ addressing the issues of climate
• develop disaster manage- Obligations Related to change, particularly droughts
ment and mitigation plans in and disaster risk management
response to potential displace- Procedural Rights
(CRC COB to Guinea, 2019);
ment and/or statelessness On access to information, public
arising from environmental participation, and access to jus- • develop toolkits for public
degradation and climate tice, the HRTBs said that States consultation with children on
change and ensure that wom- must: issues that affect them (CRC
en, including those living on COB to Australia, 2019) and
the outer islands, are included • ensure an inclusive, place the rights and participa-
and may actively participate in multi-stakeholder approach, tion of children at the center
planning and decision-making which harnesses the ideas, of national and international
processes for those plans energy, and ingenuity of all climate change adaptation and
(CEDAW COB to Tuvalu, stakeholders (Joint Statement, mitigation strategies (CRC
2015); 2019); COB to Malta, 2019);
• ensure migration and devel- • respect, protect, and fulfill • maintain and strengthen the
opment policies are gender the rights of all, including dialogue between the Minis-
responsive and that they recog- by mandating human rights try of the Environment and
nize the influence of disasters due diligence and ensuring Indigenous Peoples’ organiza-
and climate change on these access to education, awareness tions, in particular on policies
issues (CEDAW GR37); raising, environmental infor- to deal with the climate crisis
mation, and public participa- (CERD COB to El Salvador,
• offer complementary protec- tion in decision-making (Joint 2019) and build on tradi-
tion mechanisms and tempo- Statement, 2019); tional, Indigenous, and local
rary protection or stay arrange- knowledge systems, as appro-
ments for migrant workers • ensure that national and priate (CEDAW COB to Côte
displaced across international regional strategies and action d’Ivoire, 2019; CESCR COB
borders in the context of plans, legislation, and pro- to Australia, 2009);
climate change or disasters and grams on sustainable devel-
who cannot return to their opment, climate change, and • specify, in consultation with
countries (Joint Statement, disaster response and risk Indigenous Peoples, measures
2019); reduction are formulated and that promote mitigation,
implemented with the mean- compensation for damage or
• with respect to the deportation ingful and informed participa- losses, and participation in
of asylum seekers, continue to tion of affected communities the benefits of development
review the data on the effects and persons, such as persons projects; also specify measures
of climate change in receiving with disabilities, women, and to mitigate the effects of the
States, since without robust civil society (CESCR COB climate crisis on their lands,
efforts by States to address to Bangladesh, 2018; CRPD territories, and resources with
climate change, the effects of COB to Seychelles, 2018; a view to protecting their tra-
climate change in receiving CEDAW COB to Lao, 2018; ditional ways of life and means
States may expose individuals CCPR COB to Cabo Verde, of subsistence (CERD COB to
to a violation of their right 2019); Mexico, 2019);
to life, thereby triggering
non-refoulement obligations of • ensure that the special vulner- • ensure the effective participa-
sending States (CCPR Views abilities and needs of children, tion of all women, including
adopted on Teitiota Commu- as well as their views, are rural women, migrant women,
nication, 2019).
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 19 | CIEL & GI-ESCR© Department for International Development/Rafiqur Rahman Raqu
and women with disabilities, accountability mechanisms, inform them about subjects
not only as those dispropor- and ensuring the availability related to DRR and climate
tionately affected by the effects of effective remedies in case change and ensure equal access
of climate change and disas- of human rights violations to these opportunities, as well
ters, but as agents of change by private actors, occurring as to the Green Climate Fund
(CEDAW COB to Suriname, from activities both inside (CEDAW COB to Marshall
2018) in the development and and outside a State’s territory Islands, 2018; CEDAW
implementation of nation- (CEDAW GR37); GR37);
al policies and programs on
agriculture, extractive indus- • provide appropriate access to • increase children’s awareness
tries, food security, climate information on environmental and preparedness for climate
change, disaster response, and hazards (CCPR COB to Cabo change and natural disasters
risk reduction (CEDAW COB Verde, 2019). with active participation of
to Angola, 2019) at the local, schools, including by incor-
On climate education and other porating it into the school
national, regional, and inter- forms of climate empowerment,
national levels (CEDAW COB curriculum (CRC COB to
the HRTBs stated that States have Japan, 2019), and establish
to Australia, 2018; CEDAW to:
GR37); school-based programs such as
• provide women and girls with early warning systems (CRC
• ensure access to justice for career counseling, scholar- COB to Vanuatu, 2017);
women by increasing aware- ships, and other incentives,
ness of available legal remedies • undertake measures to increase
such as gender-focused com- the knowledge of teachers and
and dispute resolution mecha- munity participation training
nisms, establishing appropriate educators on environmental
(CEDAW COB to Chile, issues and climate change
and effective human rights 2018), to orient them to and (CRC COB to Lesotho, 2018)
States’ Human Rights Obligations in the Context of Climate Change: 2020 Update | 20 | CIEL & GI-ESCRYou can also read
