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88. Human rights standards and principles, underpinned by universally recognized moral
values, can usefully inform debates on equity and fair distribution of mitigation and adaptation
burdens. Above all, human rights principles and standards focus attention on how a given
distribution of burden affects the enjoyment of human rights.
Intergenerational equity and the precautionary principle
89. The United Nations Framework Convention on Climate Change stresses principles of
particular importance in the context of climate change which are less well developed in human
rights law. Notably, these include the notion of “intergenerational equity and justice” and “the
precautionary principle”, both of which are well-established in international environmental law.
90. Human rights treaty bodies have alluded to the notion of intergenerational equity.127
However, the human rights principles of equality and non-discrimination generally focus on
situations in the present, even if it is understood that the value of these core human rights
principles would not diminish over time and be equally applicable to future generations.128
91. The precautionary principle reflected in article 3 of the United Nations Framework
Convention on Climate Change, states that lack of full scientific certainty should not be used as a
reason for postponing precautionary measures to anticipate, prevent or minimize the causes of
climate change and mitigate its adverse effects. As discussed above, human rights litigation is
not well-suited to promote precautionary measures based on risk assessments, unless such risks
pose an imminent threat to the human rights of specific individuals. Yet, by drawing attention to
the broader human rights implications of climate change risks, the human rights perspective, in
line with the precautionary principle, emphasizes the need to avoid unnecessary delay in taking
action to contain the threat of global warming.
IV. CONCLUSIONS
92. Climate change-related impacts, as set out in the assessment reports of the
Intergovernmental Panel on Climate Change, have a range of implications for the effective
enjoyment of human rights. The effects on human rights can be of a direct nature, such as
the threat extreme weather events may pose to the right to life, but will often have an
indirect and gradual effect on human rights, such as increasing stress on health systems
and vulnerabilities related to climate change-induced migration.
127
See CESCR general comments No. 12, para. 7, and No. 15, para. 11. Equally the concern for
how current needs and rights affect the future health and development of the child is central to
the Convention on the Rights of the Child (see e.g. Committee on the Rights of the Child general
comment No. 4 (2003) on adolescent health and development in the context of the Convention
on the Rights of the Child, para. 13).
128
For a discussion on the relationship between intergenerational equity and human rights in the
context of climate change, see S. Caney, “Human rights, climate change, and discounting”,
Environmental Politics, vol. 17, No. 4, August 2008, p. 536.
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