A/HRC/22/43
degradation on human rights. For example, at the request of the Council, the Office of the
High Commissioner for Human Rights (OHCHR) conducted a study in 2008–2009 on the
effects of climate change on the enjoyment of human rights (A/HRC/10/61). The study
concluded that climate change will pose direct and indirect threats to many rights,
including: the rights to life and food, as a result of malnutrition and extreme weather
events; the right to water, as a result of melting glaciers and reductions in snow cover; and
the right to the highest attainable standard of health, as a result of malnutrition, extreme
weather, and an increasing incidence of malaria and other diseases that thrive in warmer
weather. The study noted that rising sea levels caused by global warming threaten the very
existence of small island States, which has “implications for the right to self-determination,
as well as for the full range of rights for which individuals depend on the State for their
protection” (para. 41). In December 2009, before the Copenhagen meeting of the parties to
the United Nations Framework Convention on Climate Change, the special procedure
mandate holders issued a joint statement drawing attention to the dangers that climate
change presents to the enjoyment of human rights. 13
21.
Special procedures have further analysed the effects of environmental degradation
on human rights. One mandate, in particular, was created to examine the human rights
effects of a specific environmental problem: the illicit disposal of hazardous substances and
waste in developing countries. Since 1995, the special rapporteurs appointed to carry out
this mandate have identified many human rights that may be infringed by such toxic
dumping, including not only the rights to life and health, but also “such fundamental rights
as the right of peoples to self-determination and permanent sovereignty over natural
resources, the right to development, the rights to … adequate food and safe and healthy
working conditions, freedom of expression, the right to form and join trade unions, the
rights to strike and to bargain collectively, the right to social security and the right to enjoy
the benefits of scientific progress and its applications”.14
22.
Other special procedures have drawn the connections between environmental harm
and impairment of the rights within their mandates. The following are a few of many
possible examples. The former Special Rapporteur on adequate housing as a component of
the right to an adequate standard of living, and on the right to non-discrimination in this
context informed the 2002 World Summit on Sustainable Development that “the realization
of the right to adequate housing loses its meaning unless processes are put into place to
ensure that people and communities can live in an environment that is free from pollution
of air, water and the food chain” 15 and the current Special Rapporteur has issued a detailed
report on the effects of climate change on the right (A/64/255). The Special Rapporteur on
the human right to safe drinking water and sanitation has carefully examined the effects of
climate change on those rights.16 The Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health has underscored
that the right extends to the underlying determinants of health, such as safe water, adequate
sanitation, and healthy environmental conditions generally (A/62/214, para. 104).17 The
13
14
15
16
17
8
Joint statement of the special procedure mandate holders of the Human Rights Council on the United
Nations Climate Change Conference (Copenhagen, 7–18 December 2009).
Report submitted by the Special Rapporteur on toxic waste on adverse effects of the illicit movement
and dumping of toxic and dangerous products and wastes on the enjoyment of human rights,
E/CN.4/2001/55, para. 58.
Statement by Mr. Miloon Kothari, Special Rapporteur on adequate housing at the World Summit on
Sustainable Development, Johannesburg, South Africa, 30 August 2002.
Climate Change and the Human Rights to Water and Sanitation: Position Paper. Available from
www.ohchr.org/Documents/Issues/Water/Climate_Change_Right_Water_Sanitation.pdf.
This is also the position of the Committee on Economic, Social and Cultural Rights (see general
comment No. 14 (2000) on the right to the highest attainable standard of health, para. 4).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents