A/HRC/32/23
protected, obtain access to measures of adaptation and resilience, and receive the support of
the international community.
48.
Critically, it is not enough to simply focus on ensuring that action against climate
change respects human rights. A rights-based approach requires States to take affirmative
action to respect, protect, promote and fulfil all human rights for all persons. Failure to
prevent foreseeable human rights harm caused by climate change, or at the very least to
mobilize maximum available resources in an effort to do so, constitutes a breach of this
obligation. Action should focus on protecting the rights of all those vulnerable to climate
change. Human rights principles articulated in the Declaration on the Right to Development
and other instruments call for such climate action to be both individual and collective and
for it to benefit all persons, particularly the most marginalized.
49.
The United Nations Framework Convention on Climate Change further elaborates
upon the need for equitable climate action, calling on States to address climate change in
accordance with their common but differentiated responsibilities and respective capabilities
in order to benefit present and future generations. 55 State commitments require international
cooperation, including financial, technological and capacity-building support, to realize
low-carbon, climate-resilient and sustainable development, while also rapidly reducing
greenhouse gas emissions. By integrating human rights in climate actions and policies, and
empowering people to participate in policy formulation, States can promote sustainability
and hold duty bearers accountable for their actions. This, in turn, will promote consistency,
policy coherence and the enjoyment of all human rights, including the right to health.
50.
A human rights framework for realizing the right to health calls for national
Governments to ensure that health facilities, goods and services are available in sufficient
quantity, and are physically accessible and affordable on the basis of non-discrimination.
Health facilities, goods and services are also required to be gender sensitive and culturally
appropriate, scientifically and medically appropriate, of good quality, and respectful of
medical ethics. All relevant stakeholders should be able to participate, through transparent
processes, in the development and implementation of health policies. Health authorities and
other duty bearers should be held accountable for meeting human rights obligations in the
area of public health, including through the possibility of seeking effective remedies via
complaints mechanisms or other avenues for redress. A human rights-based approach also
takes account of, and incorporates, the many factors which affect the enjoyment of the right
to health — the underlying determinants of health — such as access to safe and potable
water and adequate sanitation, an adequate supply of safe food and nutrition, healthy
occupational and environmental conditions, and adequate housing.56
51.
In addition to being a legal and ethical imperative, a rights-based approach to
climate action counters the negative impacts of climate change on health and prevents
mitigation and adaptation efforts from undermining all human rights. Accountability,
transparency and meaningful and informed participation can strengthen mitigation and
adaptation efforts, making them more ambitious, effective, inclusive, responsive and
collaborative while ensuring that they leave no one behind. While the impact of climate
change will be overwhelmingly negative on health, tackling climate change could also be
an important global health opportunity. 57 WHO has noted that there is a tremendous
55
56
57
See also the Paris Agreement.
See Committee on Economic, Social and Cultural Rights general comment No. 14 (2000) on the right
to the highest attainable standard of health, paras. 4 and 11.
Lancet Commission, “Health and climate change”.
15
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