A/HRC/44/30
27.
The Convention establishes an obligation on States parties to actively involve and
consult with persons with disabilities in decision-making on matters that are affecting their
lives, including climate change. Under the Convention, the right to effective participation is
recognized as a general principle under article 3 and participation is also recognized as a
cross-cutting issue. In its general comment No. 7 (2018) on the participation of persons
with disabilities, including children with disabilities, through their representative
organizations, in the implementation and monitoring of the Convention, the Committee on
the Rights of Persons with Disabilities provided further guidance on the right to
participation, including on articles 4.3 and 33.3. Article 21 of the Convention addresses the
need to provide information in accessible formats, which is key for enabling participation in
climate action and disseminating emergency warnings with information related to natural
disasters and emergencies.
28.
Accessibility is included as a general principle under article 3 of the Convention and
article 9 specifically addresses the right to accessibility. In its general comment No. 2
(2014) on accessibility, the Committee on the Rights of Persons with Disabilities defined
accessibility as a precondition for persons with disabilities to be able to live independently
and participate fully and equally in society. The right of all persons with disabilities to live
independently and be included in the community is enshrined in article 19 of the
Convention. In its general comment No. 5 (2017) on living independently and being
included in the community, the Committee stated that the general principles of the
Convention under article 3 (a) “respect for the individual’s inherent dignity, autonomy and
independence” and article 3 (c) “the full and effective participation and inclusion in
society” were at the very basis of the right to independent living and community inclusion.
The right to personal mobility, which in the context of climate change is especially at risk
for persons with disabilities, is enshrined in article 20 of the Convention.
29.
Situations of risk and humanitarian emergencies are covered by article 11 of the
Convention, which creates an obligation on States parties to protect persons with
disabilities in situations of risk and provides a human rights-based entry point to
humanitarian responses. That provision is key to ensuring that climate change programmes
and policies, as well as prevention, planning and response, are fully inclusive of persons
with disabilities.44
30.
The Committee on the Rights of Persons with Disabilities recognizes that the effects
of climate change contribute to exacerbating inequality and vulnerability among persons
with disabilities (see CRPD/C/AUS/CO/2-3). The Committee recommends that States
incorporate and mainstream disability inclusion in their policies and programmes on
climate change (see CRPD/C/GTM/CO/1, CRPD/C/HND/CO/1 and CRPD/C/PAN/CO/1),
and include persons with disabilities in their strategies (see CRPD/C/COL/CO/1) and in the
implementation of climate change adaptation and disaster risk reduction (see
CRPD/C/SYC/CO/1 and CRPD/C/BOL/CO/1). In a joint statement issued with four other
human rights treaty bodies before the 2019 Climate Action Summit, the Committee warned
that failure to take climate action might constitute a breach of the obligations of States
under international human rights law. In the statement, the Committees highlighted the
need for persons with disabilities to be recognized as agents of change and essential
partners in climate action.45
2.
United Nations Framework Convention on Climate Change
31.
According to the preamble of the Paris Agreement, States parties should respect,
promote and consider their respective human rights obligations, including the rights of
persons with disabilities, when addressing climate change. A series of decisions adopted
under the United Nations Framework Convention on Climate Change concern persons with
44
45
See statement by the Special Rapporteur on the rights of persons with disabilities.
Available from
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24998&LangID=E.
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