A/HRC/20/31
common but differentiated responsibility. States, in accordance with United Nations
Framework Convention on Climate Change, with the resources to do so, have the
responsibility for providing adequate financing to States with inadequate resources for
adaptation to climate change.
3.
States, international organizations, corporations and other actors in society
are responsible for the environmental impact of the use of force, including environmental
modifications, whether deliberate or unintentional, that result in any long-lasting or severe
effects or cause lasting destruction, damage or injury to another State.
4.
States shall take all the necessary measures to ensure development and
protection of the environment, including disaster preparedness strategies, as their absence
poses a threat to peace.
Article 11.
Rights of victims and vulnerable groups
1.
Every victim of a human rights violation has the right, in accordance with
international human rights law and not subject to statutory limitations, to know the truth,
and to the restoration of the violated rights; to obtain the investigation of facts, as well as
identification and punishment of those responsible; to obtain effective and full redress,
including the right to rehabilitation and compensation; to measures of symbolic redress or
reparation; and to guarantees that the violation will not be repeated.
2.
Everyone subjected to aggression, genocide, foreign occupation, racism,
racial discrimination, xenophobia and other related forms of intolerance or apartheid,
colonialism and neo-colonialism deserve special attention as victims of violations of the
right to peace.
3.
States shall ensure that the specific effects of the different forms of violence
on the enjoyment of the rights of persons belonging to groups in situations of vulnerability,
such as indigenous peoples, women suffering from violence and individuals deprived of
their liberty, are taken fully into account. They have the obligation to ensure that remedial
measures are taken, including the recognition of the right of persons belonging to groups in
situations of vulnerability to participate in the adoption of such measures.
Article 12.
Refugees and migrants
1.
All individuals have the right to seek and to enjoy refugee status without
discrimination, if there is a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is outside
the country of one’s nationality and is unable or, owing to such fear, unwilling to avail
oneself of the protection of that country; or who, not having a nationality and being outside
the country of his former habitual residence as a result of such events, is unable or, owing
to such fear, unwilling to return to it.
2.
Refugee status should include, inter alia, the right to voluntary return to one’s
country or place of origin or residence in dignity and with all due guarantees, once the
causes of persecution have been removed and, in case of armed conflict, it has ended.
Special consideration should be given to challenges, such as the situation of war refugees
and of refugees fleeing hunger.
3.
States should place migrants at the centre of migration policies and
management, and pay particular attention to the situation of marginalized and
disadvantaged groups of migrants. Such an approach will also ensure that migrants are
included in relevant national plans of action and strategies, such as plans on the provision
of public housing or national strategies to combat racism and xenophobia. Although
countries have a sovereign right to determine conditions of entry and stay in their
territories, they also have an obligation to respect, protect and fulfil the human rights of all
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