A/HRC/32/23
shape policies for climate change mitigation and adaptation and hold countries accountable
for implementation of climate commitments.
32.
As the preceding analysis indicates, climate change caused by human activity has
negative impacts on the full enjoyment of human rights, particularly the right to health.
These impacts trigger obligations and responsibilities among all duty bearers.49 States, for
example, must limit anthropogenic emissions of greenhouse gases (for example, mitigate
climate change), including through regulatory measures, in order to prevent to the greatest
extent possible current and future negative human rights impacts of climate change. When
climate mitigation efforts fail to adequately protect rights, States must ensure that
appropriate adaptation measures are taken to protect and fulfil the rights of all persons,
particularly those most endangered by the negative impacts of climate change.
33.
The human rights framework requires that global efforts to mitigate and adapt to
climate change be guided by relevant human rights norms and principles, including the
rights to participation and information, transparency, accountability, equity and nondiscrimination.
34.
The Charter of the United Nations, the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights, and the Declaration on
the Right to Development all make clear that human rights obligations of States require
both individual action and international cooperation. Under these core human rights
instruments, States acting individually and collectively are obligated to mobilize and
allocate the maximum available resources for the progressive realization of economic,
social and cultural rights, as well as for the advancement of civil and political rights and the
right to development. Failure to adopt reasonable measures to mobilize resources to prevent
foreseeable human rights harm caused by climate change breaches this obligation.
35.
In the Declaration on the Right to Development, States are called on to establish,
through their individual and collective actions, national and international conditions
favourable to the realization of all human rights, including through international
cooperation to provide developing countries with appropriate means and facilities to foster
their comprehensive development. The International Covenant on Economic, Social and
Cultural Rights further states that everyone has the right to enjoy the benefits of science and
its applications. All States should, therefore, actively support the development and sharing
of new climate mitigation and adaptation technologies.
36.
The Declaration on the Right to Development also emphasizes that all human beings
have a responsibility for development, and they should therefore promote and protect an
appropriate political, social and economic order for development. The Guiding Principles
on Business and Human Rights affirm that States have an obligation to protect human
rights from harm by businesses, while businesses have a responsibility to respect human
rights and to do no harm. Accordingly, all actors should be accountable for negative
impacts caused by their activities and share responsibility for remedying them.50 In
particular, businesses must be accountable for their climate impacts and participate
responsibly in climate mitigation and adaptation actions that fully respect human rights.
37.
The human rights principles of equality and non-discrimination require action to
address and remedy the disproportionate impacts of climate change on the most
49
50
See OHCHR, Key messages on human rights and climate change (2015), available from
www.ohchr.org/Documents/Issues/ClimateChange/KeyMessages_on_HR_CC.pdf.
The legal obligations of States and enterprises to address climate change are subject to growing
consensus and analysis. See, for example, the Oslo Principles on Global Climate Change Obligations
(1 March 2015).
11
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