Specific Human Rights Impacted by Climate Change
When charging a local government with failing to protect the rights of its community members, especially of its children, the prosecuting attorney’s argument will need to point to specific human rights that are put at risk by the climate crisis. Here we offer several examples of specific human rights that Youth Climate Court attorneys may want to use in their prosecutorial arguments – the rights, especially of children and other vulnerable groups, to life, health, food, water, and a healthy environment, for example. For each right listed, references are provided to the human rights Declarations and Covenants in which those rights can be found, and a few quotable resources are provided for each right. But going directly to the documents themselves will also be fruitful.Finally, provisions in the Declaration on Human Rights and Climate Change (DHRCC) can also be useful in prosecutorial arguments. While the DHRCC is not yet a formally recognized international treaty, its provisions do draw on and are supported by human rights instruments which are formal treaties.
Right to life
The 2019 Safe Climate report from the United Nations Special Rapporteur on Human Rights and the Environment states clearly and unambiguously that
The right to life is universally recognized in human rights law. In 2018, the Human Rights Committee stated that ‘environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life.’[i] In order to uphold the right to life, States have an obligation to take effective measures to mitigate climate change, enhance the adaptive capacity of vulnerable populations and prevent foreseeable loss of life.[ii]
The right to life, perhaps the most basic of human rights, is referenced in several human rights instruments, and stated directly in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, both part of the International Bill of Rights.
Universal Declaration of Human Rights Article 3. “Everyone has the right to life, liberty and security of person.”
International Covenant on Civil and Political Rights Article 6. “Every human being has the inherent right to life.”
The right to life imposes a positive obligation on States to protect citizens from whatever would threaten their lives. When governments permit circumstances that entail a clear threat to life, they have failed to protect this right.
Known consequences of anthropogenic climate change – such as droughts, flooding, wildfires and large-scale food and water insecurity – undermine citizens’ right to life. A government’s failure to do its part in guarding against and mitigating these consequences would be a miscarriage of the government’s duty to uphold this right.
As environmental human rights scholar and attorney Bridget Lewis explains,
…[T]he effects of climate change threaten the right to life in a number of ways, both directly and indirectly. The Intergovernmental Panel on Climate change (IPCC) projects with confidence that climate change will cause a number of potentially life-threatening environmental impacts, including heatwaves and drought, storms and cyclones, heavy precipitation events and longer monsoon seasons, leading to more frequent flooding (cite: Alexander et al. 2013; Field et al. 2014). It is predicted that these changes will increase the number of persons suffering from death, disease and injury (Huant et al. 2011; Hajat et al. 2014). The World Health Organization has predicted that between 2030 and 2050, climate change will account for approximately an additional 250,000 deaths each year (2017).
Climate change will also impact on the right to life through “an increase in hunger and malnutrition and related disorders impacting on child growth and development: cardiorespiratory morbidity and mortality related to ground-level ozone (cite) …. diminishing sea ice presents a serious risk of injury and death for Arctic communities who regularly travel across the ice (cite).
Climate change is also predicted to exacerbate weather-related disasters, which already kill thousands of people each year (cite). Destructive events such as heatwaves, storms and floods have the effect of arbitrarily depriving people of their life and thereby undermine the right to life (cite). Further, the [or better: There is also the] potential for climate change to exacerbate other life-threatening problems such as malnutrition and epidemics.[iii]
The United Nations report, Climate Change and Human Rights, explains further that
It is now beyond dispute that climate change caused by human activity has negative impacts on the full enjoyment of human rights. Climate change has profound impacts on a wide variety of human rights, including the rights to life, self-determination, development, food, health, water and sanitation and housing. The human rights framework also requires that global efforts to mitigate and adapt to climate change should be guided by relevant human rights norms and principles including the rights to participation and information, transparency, accountability, equity, and non- discrimination. Simply put, climate change is a human rights problem and the human rights framework must be part of the solution. . . . [iv]
The United Nations Environment Programme has also issued strong warnings about the dangers of climate change and its implications for the right to life.[v]
The impacts of climate change on freshwater resources, ecosystems, and human settlements are already undermining access to clean water, food, shelter, and other basic human needs; interfering with livelihoods; and displacing people from their homes. Even if we remain within the international goal of 2° C of global warming, these impacts will expand dramatically in the coming decades.
These impacts constitute a serious interference with the exercise of fundamental human rights, such as the rights to life, health, water, food, housing, and an adequate standard of living.
Mitigation, adaptation, and geoengineering measures can also adversely affect the exercise of human rights. For example, there are documented instances of hydroelectric and biofuel projects that have resulted in human rights violations. There is also a high risk of human rights violations resulting from the implementation of resettlement programs for those who are displaced or at risk of displacement due to climate change, and a corresponding need to ensure that such programs are undertaken with adequate input and consent from those who are relocated.[vi]
Right to health
“We believe that all people, including future generations, have the right to the environmental, economic and social resources needed to live healthy and productive lives…,”[vii] said over 500 Oregon state health professionals and organizations in February of 2020.
In fact, the right of everyone to live in conditions conducive to the highest standard of health is specifically articulated in several human rights documents including, among others, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Aarhus Convention, the Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples.
Universal Declaration of Human Rights Article 25:
“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care . . .”
International Covenant on Economic, Social and Cultural Rights Article 12:
“States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”
Convention on the Rights of the Child Article 24:
“States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health.”
Aarhus Convention Preamble:
“Every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individually and in association with others, to protect and improve the environment for the benefit of present and future generations.”
United Nations Declaration on the Rights of Indigenous Peoples 24 (2):
“Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health.”
These instruments all recognize the right of everyone, especially children, indigenous persons, and other groups facing increased vulnerabilities, to live in safe and healthy conditions, including safe and healthy environmental conditions, and not to be forced involuntarily to suffer exposure to conditions that adversely affect their health.
Conditions or practices that put anyone – especially children, Indigenous persons, or other vulnerable groups – at increased risk of adverse health effects would be an encroachment on the right to health. The United Nations Safe Climate report makes it very clear that “adverse health impacts” of climate change include
not only premature deaths but also increased incidences of respiratory disease, cardiovascular disease, malnutrition, stunting, wasting, allergies, heat stroke, injuries, water-borne and vector-borne diseases and mental illness. Dengue fever is the most rapidly spreading vector-borne disease, with a thirtyfold increase in global incidence that is largely attributable to climate change. Hundreds of millions of people are exposed to extreme weather events annually, resulting in injuries, illnesses and mental health impacts. Climate change also erodes many of the key social and environmental determinants of health, including access to adequate food and water, clean air, culture and livelihoods. Health is also affected by climate-related displacement, migration and reduced access to health-care services.[viii]
Right to an adequate standard of living
The right of all human beings to an adequate standard of living, including adequate food, water and housing, is recognized in the Universal Declaration of Human Rights, in the International Covenant on Economic, Social and Cultural Rights, and in the Convention on the Rights of the Child.
Universal Declaration of Human Rights Article 25, 1.
“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.”
International Covenant on Economic, Social and Cultural Rights Article 11.
“The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing…”
Convention on the Rights of the Child Article 24, 2 (c).
“States Parties… shall take appropriate measures… To combat disease and malnutrition… through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution.”
The right to an adequate standard of living means that all persons and families are guaranteed access to the basic preconditions for a healthy life including but not limited to: secure access to nourishing food, clean water, shelter from the elements, and adequate clothing.
This right requires governments to take positive action to prevent conditions that would hinder citizens’ access to these fundamentals, including taking measures against environmental pollution, the spread of disease, and malnutrition.
According to the International Covenant on Economic, Social, and Cultural Rights, Article 11, all persons are entitled to an adequate standard of living for themselves and their families including adequate housing. Further
“Climate change threatens the right to housing in a number of ways. Extreme weather events can destroy homes displacing multitudes of people. Drought, erosion and flooding can gradually render territories inhabitable resulting in displacement and migration. Sea level rise threatens the very land upon which houses in low-lying areas are situated and is expected to “continue for centuries even if the global mean temperature is stabilized.” . . .
“According to World Bank reports, climate change will cause “health impacts [that] are likely to increase and be exacerbated by high rates of malnutrition,” including potential increases in vector-borne diseases and “heat-amplified levels of smog [that] could exacerbate respiratory disorders.” In its most recent report, the IPCC found that “climate change is expected to lead to increases in ill-health in many regions and especially in developing countries with low income, as compared to a baseline without climate change.”. . .
“Although the right to water is not explicitly recognized in the [International Covenant on Economic, Social, and Cultural Rights], General Comment No. 15 of the Committee on Economic, Social and Cultural Rights articulates this right stating: “The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.” In its resolution 64/292, the General Assembly recognised “the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.” The right to water and sanitation is also found in legal instruments such as the Convention on the Elimination of Discrimination against Women (CEDAW), among others. Pursuant to General Comment 15, “States parties have to adopt effective measures to realize, without discrimination, the right to water.” . . .
“According to the IPCC, “climate change is projected to reduce renewable surface water and groundwater resources in most dry subtropical regions…intensifying competition for water.” The IPCC further found that climate change will likely increase the risk of water scarcity in urban areas and “rural areas are expected to experience major impacts on water availability and supply.” According to a recent World Bank report, a two degree Celsius average global increase in temperature may result in one to two billion no longer having enough water to meet their needs. Reduced access to water will disproportionately impact persons, groups and peoples in vulnerable situations. For example, reduced access to water introduces added burdens for women and girls in developing countries, who are often responsible for fetching water for their families from distant sources and have distinct needs for water and sanitation. . . .
“States have an obligation to respect, protect, fulfil and promote all human rights for all persons without discrimination. Failure to take affirmative measures to prevent human rights harms caused by climate change, including foreseeable long-term harms, breaches this obligation. The Fifth Report of the Intergovernmental Panel on Climate Change confirms that climate change is caused by anthropogenic emissions of greenhouse gases. Among other impacts, climate change negatively affects people’s rights to health, housing, water and food. These negative impacts will increase exponentially according to the degree of climate change that ultimately takes place and will disproportionately affect individuals, groups and peoples in vulnerable situations including, women, children, older persons, indigenous peoples, minorities, migrants, rural workers, persons with disabilities and the poor. Therefore, States must act to limit anthropogenic emissions of greenhouse gases (e.g. mitigate climate change), including through regulatory measures, in order to prevent to the greatest extent possible the current and future negative human-rights impacts of climate change.” [ix]
Right to food
The 2019 Safe Climate Report issued by the United Nations Special Rapporteur on Human Rights and the Environment makes clear that the right to food is formally articulated in both the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights.
The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights include food as part of the right to an adequate standard of living, with the Covenant referring to the ‘fundamental right of everyone to be free from hunger.’
Food production, food security and the enjoyment of the right to food are affected by shifting precipitation patterns, higher temperatures, extreme weather events, changing sea ice conditions, droughts, floods, algal blooms and salinization. Changes in climate are already undermining the production of major crops, such as wheat, rice and maize. Without adaptation, or where adaptations fall short, this is expected to worsen as temperatures increase and become more extreme. In the oceans, temperature changes, bleaching of coral reefs and ocean acidification are affecting fisheries. Climate change also exacerbates drivers of food insecurity and malnutrition, such as conflict and poverty.[x]
This is important because, as Professor Bridget Lewis explains in Environmental Human Rights and Climate Change, food security is expected to be put increasingly at risk in a climate-changed world.
It is predicted that climate change will impact on food production, availability and stability in a number of ways. Production and availability of food will be affected directly through changes in agro-ecological conditions.[xi]
Climate change is also likely to affect food security indirectly by destabilizing access to food. Local food supplies will become more susceptible to interruptions due to extreme weather events, especially floods and droughts. Prices of food are also likely to rise under climate change due to problems of supply and increased costs of transportation.…
The right to food is also at risk from actions taken in the pursuit of climate change mitigation and adaptation. For example, mitigation efforts aimed at reducing greenhouse gas emissions might involve greater production of biofuels as a source of renewable energy. Where this requires changes to land use, agricultural production for food may be diminished.…
Overall, the World Food Programme has predicted that by 2050, the number of people at risk of hunger as a result of climate change will increase by 10-20% more than would be the case in a world free of climate change, and that the number of malnourished children is expected to increase by 24 million.[xii]
A recent news story, for example, reports that unusual climate conditions are contributing to a catastrophic outbreak of locusts in Africa. “The outbreak is making the region’s bad food security situation worse, the United Nations’ Food and Agriculture Organization has warned. Hundreds of thousands of acres of crops have been destroyed.”
The most serious outbreak of locusts in 25 years is spreading across East Africa and posing an unprecedented threat to food security in some of the world’s most vulnerable countries, authorities say. Unusual climate conditions are partly to blame….
An “extremely dangerous increase” in locust swarm activity has been reported in Kenya, the East African regional body reported this week. One swarm measured 60 kilometers (37 miles) long by 40 kilometers (25 miles) wide in the country’s northeast, the Intergovernmental Authority on Development said in a statement.
“A typical desert locust swarm can contain up to 150 million locusts per square kilometer,” it said. “Swarms migrate with the wind and can cover 100 to 150 kilometers in a day. An average swarm can destroy as much food crops in a day as is sufficient to feed 2,500 people.”[xiii]
Examples like this represent other ways – in addition to droughts, floods, wildfires, water scarcity, sea-level rise, saltwater incursion, and so on – in which the climate crisis puts food security at serious risk.
Right to water and sanitation
The United Nations High Commission for Human Rights explains in its 2015 Report, Understanding Human Rights and Climate Change, that the right to water is defined as “the right of everyone to sufficient, safe, acceptable andphysically accessible and affordable water for personal and domestic uses.” [xiv]
The right to safe and clean drinking water is explicitly articulated in United Nations Resolution 64/292 where it is recognized as essential to the realization of all other human rights. The right to water is also expressed directly in the Convention on the Elimination of All Forms of Discrimination Against Women and in the Convention on the Rights of the Child. It is also clearly implied as essential to the realization of the right to health articulated in the Universal Declaration of Human Rights, in the International Covenant on Economic, Social and Cultural Rights, and in the United Nations Declaration on the Rights of Indigenous Peoples.
United Nations Resolution 64/292.
“The General Assembly . . . recognizes the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.”
Convention on the Elimination of All Forms of Discrimination Against Women Article 14 (h).
“The right to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply . . .”
Convention on the Rights of the Child Article 24 (c).
“States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health . . .” Also “States Parties shall . . . take appropriate measures (c) To combat disease and malnutrition . . . through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution.”
Universal Declaration of Human Rights Article 25 (1).
“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care.”
International Covenant on Economic, Social and Cultural Rights Article 12.
“States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”
United Nations Declaration on the Rights of Indigenous Peoples 24 (2).
“Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health.”[xv]
The 2019 Safe Climate report issued by the UN Special Rapporteur on Human Rights and the Environment, and Professor Bridget Lewis’ Environmental Human Rights and Climate Change, explain how the right to water and sanitation are impacted by climate change:
Climate change is affecting precipitation patterns across the world, with some dry areas receiving less precipitation and wet areas receiving more frequent and intense precipitation. The four key elements of the rights to water and sanitation are threatened: availability, accessibility, acceptability and quality. The Intergovernmental Panel on Climate Change warned of particularly high vulnerability to water stress in small island developing States and parts of Africa, Asia and Latin America. Climate change has already contributed to a water crisis in the Plurinational State of Bolivia, where glaciers are receding and water rationing has been required in major cities. Indigenous pastoralists in Turkana County, Kenya, are struggling because climate change is negatively affecting water supplies, grazing opportunities and livestock herds, and increasing competition, conflict and insecurity.[xvi] Turkana women and girls bear the burden of longer walks to obtain potable water.
The right to sanitation may be threatened when water is increasingly scarce, and when floods, intense precipitation or other extreme weather events damage infrastructure or impair access. The rise in extreme weather events owing to climate change increases the risk of water-borne diseases, including typhoid fever and cholera.[xvii]
The complexity of our relationship with water, which is both a basic necessity for life as well as an essential requirement for agriculture and many industrial processes, means that the pressure placed on water supplies by climate change has the potential to impact in a number of negative ways (cite)…. Northern Hemisphere spring snow cover and glacier volumes will significantly decrease (cite). These changes to the cryosphere are projected to negatively affect water availability for more than one-sixth of the world’s population supplied by such water from mountain ranges. Water supplies will also be affected by weather extremes such as floods and droughts, and salt-water inundation due to storm surges and sea-level rise.[xviii]
Rights of the child
The Convention on the Rights of the Child, in describing the right to health, explicitly requires that States act in the best interests of the child and consider “the dangers and risks of environmental pollution.” Children and young people around the world are increasingly outspoken about the impacts of climate change on their rights and their future and the need for urgent action.[xix] In response to the call for inputs for the present report, one indigenous youth leader observed that “Earth is a giving planet … Everything we ever needed to live, to survive, to enjoy the wonders of the world was provided by nature, yet we humans have become the most dangerous threat to life on Earth.”
Children are particularly vulnerable to health problems exacerbated by climate change, including vector-borne diseases, malnutrition, acute respiratory infections, diarrhoea and other water-borne illnesses.[xx] Extreme weather events pose unique threats to the health and well-being of young bodies and minds. Globally, over 500 million children live in high or extremely high drought severity zones and 115 million are at high risk from tropical cyclones. By 2040, almost 600 million children will live in regions with extremely limited water resources. The United Nations Children’s Fund warns that ‘climate change will harm the poorest and most vulnerable children first, hardest and longest.”[xxi]
Rights of vulnerable populations
The Intergovernmental Panel on Climate Change observed that ‘people who are socially, economically, culturally, politically, institutionally, or otherwise marginalized are especially vulnerable to climate change.’[xxii] This includes people or communities whose vulnerabilities are caused by poverty, gender, age, disability, geography and cultural or ethnic background. Although at risk, these people often have the potential to contribute to climate solutions when empowered to do so.
The worst impacts afflict those who have contributed least to the problem and who have the fewest resources to adapt to, or cope with, the impacts. For example, during droughts, women and children in low-income countries are often disproportionately affected because of their responsibilities for collecting water and firewood. On the other hand, male farmers face elevated risks of suicide during droughts. Understanding gender differences in vulnerability, roles and capacity is essential for designing fair and effective climate actions.[xxiii]
In 2018, the Committee on the Elimination of Discrimination against Women recognized that climate change impacts, including disasters, have a disproportionate effect on women.[xxiv] Women experience greater financial and resource constraints, lower levels of access to information, and less decision-making authority in their homes, communities and countries.[xxv] In its recommendations to States (concluding observations), the Committee has repeatedly urged States to take into account the greater vulnerability of women by adopting a human rights-based approach to all decisions related to adaptation, mitigation, disaster risk reduction and climate finance.[xxvi] The Committee has made specific recommendations regarding older women and rural women, two groups with particular vulnerabilities to climate change.[xxvii] Women are also leaders and vital agents of change, maximizing use of their knowledge and resources to help families to adapt.[xxviii]
Despite contributing little to the problem, roughly 400 million indigenous peoples around the world are especially vulnerable to climate change because of their close connection to nature and dependence on wildlife, plants and healthy ecosystems for food, medicine and cultural needs. On the other hand, indigenous people can make important contributions to solutions, through traditional knowledge, legal systems and cultures that have proven effective at conserving land, water, biodiversity and ecosystems, including forests….[xxix]
Persons with disabilities could also be disproportionately affected by climate change. The Committee on the Rights of Persons with Disabilities emphasized that States must ensure that the requirements of all persons with disabilities are taken into consideration when designing and implementing adaptation and disaster risk reduction measures.[xxx].[xxxi]
The Right of Indigenous Peoples to Own, Use, Develop, and Control Traditional Lands and Water
The right of Indigenous peoples to own, use, develop, and control their traditional lands and resources (including water) is recognized by Articles 26, 29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.
United Nations Declaration on the Rights of Indigenous Peoples Article 26.
“Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.”
“Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.”
“States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.”
United Nations Declaration on the Rights of Indigenous Peoples Article 29.
“Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.”
“States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.”
“States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.”
United Nations Declaration on the Rights of Indigenous Peoples Article 32.
“Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.”
“States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”
“States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.”
This all means that “Indigenous groups, by the fact of their very existence, have the right to live freely in their own territory; the close ties of indigenous people with the land must be recognized and understood as the fundamental basis of their cultures, their spiritual life, their integrity and their economic survival. For indigenous communities, relations to the land are not merely a matter of possession and production but a material and spiritual element which they must fully enjoy, even to preserve their cultural legacy and transmit it to future generations.”[xxxii]
When climate change undermines indigenous peoples’ ability to live on traditional territories, to rely on traditional means of subsistence and travel, and to enjoy cultural practices related to their land, then this right has been abrogated.
Right to a healthy environment
Climate disruption clearly threatens the right to a healthy environment. As expressed in the Preamble of the Aarhus Convention:
Every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individuallyand in association with others, to protect and improve the environment for the benefit of present and future generations.[xxxiii]
The Safe Climate report concurs.
As noted in the Special Rapporteur’s previous reports, the right to a safe, clean, healthy and sustainable environment is recognized in law by at least 155 Member States.[xxxiv] The substantive elements of this right include a safe climate, clean air, clean water and adequate sanitation, healthy and sustainably produced food, non-toxic environments in which to live, work, study and play, and healthy biodiversity and ecosystems. These elements are informed by commitments made under international environmental treaties, such as the United Nations Framework Convention on Climate Change, wherein States pledged to “prevent dangerous anthropogenic interference with the climate system”, or in other words to maintain a safe climate.[xxxv]
That climate change poses such serious threats to human rights and even to human survival was recognized by the tribunal judges in their Advisory Opinion in the Permanent Peoples’ Tribunal 2018 Session on Human Rights, Fracking and Climate Change.[xxxvi] There they highlighted the Declaration on Human Rights and Climate Change (DHRCC)[xxxvii]and cited several DHRCC provisions, including Article 4,
All human beings have the right to a planetary climate suitable to meet equitably the ecologically responsible needs of present generations without impairing the rights of future generations to meet equitably their ecologically responsible needs.
The report prepared by the United Nations Environment Programme, Climate Change and Human Rights, fully agrees.
“It has long been recognized that a clean, healthy and functional environment is integral to the enjoyment of human rights, such as the rights to life, health, food and an adequate standard of living. Anthropogenic climate change is the largest, most pervasive threat to the natural environment and human societies the world has ever experienced. The latest assessment report from the Intergovernmental Panel on Climate Change (IPCC) describes how observed and predicted changes in climate will adversely affect billions of people and the ecosystems, natural resources, and physical infrastructure upon which they depend. These harmful impacts include sudden-onset events that pose a direct threat to human lives and safety, as well as more gradual forms of environmental degradation that will undermine access to clean water, food, and other key resources that support human life. . . .
“Terrestrial Ecosystems. Even under the intermediate emissions scenarios there is a “high risk” that climate change will cause “abrupt and irreversible regional-scale change in the composition, structure, and function of terrestrial and freshwater ecosystems” in this century. [T]he IPCC predicts that climate change will ‘reduce the populations, vigor, and viability’ of many species, especially those with spatially restricted populations, and will increase the extinction risk for many species.
“Increased tree death has been observed in many places worldwide, and there is high confidence that this can be attributed to climate change in some regions. “Forest dieback” is a major environmental risk, which has potentially significant impacts on climate, biodiversity, water quality, wood production, and livelihoods. The drivers of tree death include high temperatures and drought, and changes in the abundance of insect pests and pathogens (related, in part, to warming)
“Ocean Systems. “Climate change is altering the physical, chemical, and biological properties of the ocean; scientists have already observed large-scale distribution shifts of species and altered ecosystem composition as a result of ocean warming. . . .
“According to IPCC projections, climate change will significantly reduce surface water and groundwater resources in most dry subtropical regions, thus intensifying competition for water among agriculture, ecosystems, settlements, industry, and energy production, and affecting regional water, energy, and food security. Climate change will also increase the frequency of droughts in presently dry areas. . . .
“Adaptation. One concern is that some adaptation programs, may benefit one group to the detriment of another—as might be the case for coastal fortifications that protect one community while exposing another to greater risk of erosion and/or flooding. There is also the risk that adaptation measures will be undertaken without the necessary public consultation and may result in outcomes that adversely affect the very persons they aim to protect. There is a risk of human-rights violations in the context of relocation and resettlement programs, and a corresponding need to ensure that such programs are undertaken with adequate input and consent from those who are relocated. It should be noted that both the Adaptation Fund and the Green Climate Fund have put in place environmental and social safeguards. . . .
“Geoengineering. Although there have not yet been any significant field tests of geoengineering technology, far less any large-scale geoengineering projects, it is important to note that such projects could seriously interfere with the enjoyment of human rights for millions and perhaps billions of people. For example, one recent study of five potential geoengineering methods deployed in high greenhouse gas emissions scenarios concluded that these methods could severely disrupt ocean and terrestrial ecosystems. These disruptive effects could undermine the provision of ecosystem goods and services, thus interfering with access to food, clean water, and other key resources. Another study found that proposals for solar radiation management would cause widespread regional-scale changes in precipitation. Such shifts could lead to increases in storms and flooding in some areas and drought in others, with adverse impacts on natural ecosystems and human settlements. In addition, there is at this time no mechanism in place to ensure that governments or private parties carrying out geoengineering projects coordinate with the international community, or even disclose information to and allow for public participation.” [xxxviii]
All this was confirmed in 2016 when United States federal Judge Ann Aiken wrote in her opinion in Juliana v. USA et al., that “the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.”[xxxix]
[i] General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life.
[ii] Safe Climate: A Report of the Special Rapporteur on Human Rights and the Environment (July 15, 2019) p18.
[iii] Bridget Lewis, Environmental Human Rights and Climate Change: Current Status and Future Prospects, p158
[iv] Climate Change and Human Rights, United Nations Environment Programme, December 2015, pp viii-10. https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNEP-Climate-Chg-Hum-Rts-Report-12-10-15.pdf, p 6.
[v] Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change, 26 November 2015.
https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNHCHR-Understanding-HR-CC-COP21.pdf, pp 2-19.
[vi] UNEP, Climate Change and Human Rights, 2015 https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNEP-Climate-Chg-Hum-Rts-Report-12-10-15.pdf; p.viii
[vii] Oregon Call to Action on Climate, Health and Equity. Feb 5, 2020. https://www.oregonpublichealth.org/assets/Oregon%20CALL%20TO%20ACTION.pdf (accessed 2-15-20)
[viii] Safe Climate: A Report of the Special Rapporteur on Human Rights and the Environment (July 15, 2019) pp19-20
[ix] Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change, 26 November 2015.
https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNHCHR-Understanding-HR-CC-COP21.pdf, pp 2-19.
[x] Safe Climate: A Report of the Special Rapporteur on Human Rights and the Environment (July 15, 2019) p20
[xi] Bridget Lewis, Environmental Human Rights and Climate Change: Current Status and Future Prospects, Springer, 2018, p160
[xii] Bridget Lewis, Environmental Human Rights and Climate Change: Current Status and Future Prospects, Springer, 2018, p161
[xiii] Associated Press, “Locust Outbreak, Most Serious in 25 Years, Hits East Africa,” New York Times, Jan. 17, 2020. https://www.nytimes.com/aponline/2020/01/17/world/africa/ap-af-africa-locust-outbreak.html (accessed 1-17-20)
[xiv] Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change, 26 November 2015.
https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNHCHR-Understanding-HR-CC-COP21.pdf, pp 2-19.
[xv] Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for Human Rights to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change, 26 November 2015.
https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNHCHR-Understanding-HR-CC-COP21.pdf, pp 2-19.
[xvi] Human Rights Watch, “There is no time left: climate change, environmental threats, and human rights in Turkana County, Kenya” (Human Rights Watch, 2015)
[xvii] Safe Climate: A Report of the Special Rapporteur on Human Rights and the Environment (Oct 16, 2019) p21
[xviii] from Bridget Lewis, Environmental Human Rights and Climate Change: Current Status and Future Prospects, p 162
[xix] This recognition from the Safe Climate report is important. Youth Climate Courts can serve as one more tool for youth who “are increasingly outspoken about the impacts of climate change on their rights and their future and the need for urgent action.“ While YCCs provide a tool for speaking truth to power and exerting effective agency, they also leave plenty of room for adaptation to local circumstances and the judgment of the organizing team.
[xx] A/HRC/35/13
[xxi] Safe Climate: A Report of the Special Rapporteur on Human Rights and the Environment (Oct 16, 2019) p22
[xxii] IPCC, “Summary for policymakers”, Climate Change 2014: Impacts, Adaptation, and Vulnerability (IPCC 2014)
[xxiii] WHO, Gender, climate change and health (WHO, 2014)
[xxiv] General recommendation No. 37 on gender-related dimensions of disaster risk reduction in the context of climate change and A/HRC/41/26
[xxv] United Nations Development Programme (UNDP), Gender Equality in National Climate Action: Planning for Gender- Responsive Nationally Determined Contributions (UNDP 2016)
[xxvi] Center for International Environmental Law and Global Initiative for Economic, Social and Cultural Rights, States’ Human Rights Obligations
in the Context of Climate Change: 2019 Update (Center for International Environmental Law and Global Initiative for Economic, Social and Cultural Rights, 2019.)
[xxvii] General recommendation No. 27 on older women and general recommendation No. 34 on the rights of rural women.
[xxviii] WHO, Gender, climate change and health (WHO, 2014)
[xxix] Permanent Forum on Indigenous Issues, “Climate change and indigenous peoples” (Permanent Forum on Indigenous Issues, 2008)
[xxx] CRPD/C/SYC/CO1
[xxxi] Safe Climate: A Report of/35 the Special Rapporteur on Human Rights and the Environment (July 15, 2019) pp23-24
[xxxii] The Inter-American Court of Human Rights, in Mayagna (Sumo) Awas Tingni Community v Nicaragua (2001). Quoted in Lewis, Bridget, Environmental Human Rights and Climate Change, Springer, 2018, p 28.
[xxxiii] “Convention on access to information, Public Participation in decision-Making and access to Justice in Environmental Matters,” June 25, 1998, aarhus, denmark, at https://www.environmentandhumanrights.org/resources/aarhus%20convention.pdf.
[xxxiv] A/HRC/40/55
[xxxv] Safe Climate: A Report of/35 the Special Rapporteur on Human Rights and the Environment (July 15, 2019) pp22-23
[xxxvi] https://www.tribunalonfracking.org/judges-statements/
[xxxvii] http://permanentpeoplestribunal.org/wp-content/uploads/2019/04/AO-final-12-APRIL-2019.pdf, pp 31-32. The Declaration on Human Rights and Climate Change is in the Appendix to this book.
[xxxviii] Climate Change and Human Rights, United Nations Environment Programme, December 2015, pp viii-10. https://www.tribunalonfracking.org/wp-content/uploads/2015/06/UNEP-Climate-Chg-Hum-Rts-Report-12-10-15.pdf
[xxxix] Juliana v. united states, no. 6:15-CV-01517-TC, 2016 WL 6661146 (d. or. nov.10, 2016), 32, at https://static1.squarespace.com/static/571d109b04426270152febe0/t/5824e85e6a49638292ddd1c9/1478813795912/order+MTd.aiken.pdf .