A/HRC/32/23
marginalized; to ensure that climate actions benefit persons, groups and peoples in
vulnerable situations; and to reduce inequalities. Efforts to address climate change should
not exacerbate inequalities within or between States. For example, indigenous peoples’
rights should be fully reflected in line with the United Nations Declaration on the Rights of
Indigenous Peoples and actions likely to have an impact on their rights should not be taken
without their free, prior and informed consent. Care should also be taken to ensure that a
gender perspective, including efforts to ensure gender equality, is included in all planning
for climate change mitigation and adaptation. The rights of children, older persons,
minorities, migrants and others in vulnerable situations must be effectively protected.
38.
The disproportionate impact of climate change on persons in vulnerable situations
raises concerns of climate justice, fairness, equity and access to remedy. The Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights and
other human rights instruments make it clear that all persons who suffer human rights harm
are entitled to access to effective remedies. Those affected by climate change, now and in
the future, must have access to meaningful remedies, including judicial and other redress
mechanisms. The obligations of States in the context of climate change and other
environmental harm extend to all rights holders and to harm that occurs both inside and
beyond boundaries. States should be accountable to rights holders for their contributions to
climate change, including for failure to adequately regulate the emissions of businesses
under their jurisdiction.
39.
The Rio Declaration on Environment and Development, the Vienna Declaration and
Programme of Action, and the outcome document of the United Nations Conference on
Sustainable Development all call for the right to development to be fulfilled so as to meet
equitably the developmental and environmental needs of present and future generations.
The United Nations Framework Convention on Climate Change calls on States to protect
future generations and take action on climate change on the basis of equity and in
accordance with their common but differentiated responsibilities and respective
capabilities. While climate change affects people everywhere, those who have contributed
the least to greenhouse gas emissions (that is, the poor, children and future generations) are
often those most affected. Equity in climate action requires that efforts to address climate
change benefit people in developing countries, indigenous peoples, future generations and
others in vulnerable situations.
40.
The United Nations Framework Convention on Climate Change is subject to
evolution and continuing negotiations regarding its implementation that take place during
its annual Conference of the Parties. In these negotiations and related processes, the human
rights principles of transparency, participation and accountability have an important role to
play.51 In order to ensure sustainable development and appropriate mechanisms for climate
mitigation and adaptation, climate negotiations should be participatory and transparent. A
rights-based framework should shape both the substantive commitments of Parties and the
processes by which they are agreed and carried out.
41.
The International Covenant on Civil and Political Rights and other human rights
instruments, such as the Declaration on the Right to Development, guarantee all persons the
right to free, active, meaningful and informed participation in public affairs. Particular care
should be taken to comply with relevant human rights obligations relating to participation
of persons, groups and peoples in vulnerable situations in decision-making processes and to
ensure that adaptation and mitigation efforts do not adversely affect those that they should
51
12
The Convention on Access to Information, Public Participation in Decision-Making and Access to
Justice in Environmental Matters (Aarhus Convention) highlights these principles in the context of
environmental issues.
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