A/HRC/10/61
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1. Progressive realization of economic, social and cultural rights
75. As discussed in chapter II, climate change will have implications for a number of
economic, social and cultural rights. As specified in the relevant treaty provisions, States are
obliged to take measures towards the full realization of economic, social and cultural rights to
the maximum extent of their available resources.107 As climate change will place an additional
burden on the resources available to States, economic and social rights are likely to suffer.
76. While international human rights treaties recognize that some aspects of economic, social
and cultural rights may only be realized progressively over time, they also impose obligations
which require immediate implementation. First, States parties must take deliberate, concrete and
targeted measures, making the most efficient use of available resources, to move as expeditiously
and effectively as possible towards the full realization of rights.108 Second, irrespective of
resource limitations, States must guarantee non-discrimination in access to economic, social and
cultural rights. Third, States have a core obligation to ensure, at the very least, minimum
essential levels of each right enshrined in the Covenant. For example, a State party in which “any
significant number of individuals is deprived of essential foodstuffs, of essential primary health
care, of basic shelter and housing, or of the most basic forms of education” would be failing to
meet its minimum core obligations and, prima facie, be in violation of the Covenant.109
77. In sum, irrespective of the additional strain climate change-related events may place on
available resources, States remain under an obligation to ensure the widest possible enjoyment of
economic, social and cultural rights under any given circumstances. Importantly, States must, as
a matter of priority, seek to satisfy core obligations and protect groups in society who are in a
particularly vulnerable situation.110
2. Access to information and participation in decision-making
78. Awareness-raising and access to information are critical to efforts to address climate
change. For example, it is critically important that early-warning information be provided in a
manner accessible to all sectors of society. Under the United Nations Framework Convention on
Climate Change, the parties commit to promote and facilitate public access to information on
climate change.111 Under international human rights law, access to information is implied in the
107
See CESCR general comment No. 3 (1990) on the nature of States parties’ obligations (art. 2,
para. 1, of the Covenant). For a discussion of the concept of progressive realization under the
international human rights treaties, see report of the United Nations High Commissioner for
Human Rights to the Economic and Social Council (E/2007/82).
108
See e.g. CESCR general comments No. 3, paras. 2 and 9, and No. 14 (2000) on the right to
the highest attainable standard of health (art. 12), para. 31.
109
CESCR general comment No. 3, para. 10.
110
See Statement by CESCR (E/C.12/2007/1, paras. 4 and 6).
111
UNFCCC, art. 6.
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