A/HRC/31/52
I. Introduction
1.
In its resolution 19/10, the Human Rights Council recognized that the human rights
obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
required clarification. The Council requested the then-Independent Expert, in consultation
with Governments and other stakeholders, to study the obligations and to identify best
practices in their use.
2.
In response, the Independent Expert prepared two reports for the Human Rights
Council, one mapping the statements of human rights bodies on the human rights
obligations relating to the environment (A/HRC/25/53) and one describing more than 100
good practices in the use of the obligations (A/HRC/28/61). In the mapping report, the
Independent Expert concluded that the human rights obligations relating to the environment
were coherent and clear enough that States should take them into account. However, he
noted that these obligations continued to be developed in many forums, and he identified
areas where further clarification was necessary.
3.
In its resolution 28/11, the Human Rights Council renewed the mandate and
changed the title of the mandate holder to Special Rapporteur. The Council requested that
he increase his attention to implementation of the human rights obligations relating to the
environment. Specifically, the Council asked him to promote and report on the realization
of the obligations, with particular emphasis on practical solutions. The initial response of
the Special Rapporteur to this request is in another report (A/HRC/31/53).
4.
At the same time that it expanded the mandate, the Council recognized the ongoing
need to clarify some aspects of the human rights obligations relating to the environment. In
its resolution 28/11, it asked the Special Rapporteur to continue to study those obligations,
in consultation with Governments, human rights mechanisms, civil society organizations
and others.
5.
The present report examines the human rights obligations relating to climate change.
Future reports will address the obligations relating to other thematic areas, including the
protection of ecosystems and biological diversity. This report draws on the previous work
of the then-Independent Expert in studying human rights obligations relating to the
environment, including an expert meeting on climate change and human rights on 15 and
16 July 2014 and a public meeting on the same topic in Geneva on the following day. For
the report, he also examined statements and reports by international organizations, human
rights mechanisms, scholars and other sources, and attended meetings of the parties to the
United Nations Framework Convention on Climate Change
6.
Section II of the report reviews the actions taken in recent years by the Human
Rights Council, the special procedure mandate holders and the parties to the United Nations
Framework Convention on Climate Change concerning the relationship between climate
change and human rights. Section III describes the effects of climate change on the
enjoyment of human rights. Section IV examines the application of human rights
obligations to climate change.
II. Increasing attention to the relationship between climate
change and human rights
7.
In the past eight years, the relationship between climate change and human rights
has received increasing attention from the Human Rights Council, mandate holders,
Governments and international bodies, including the Conference of the Parties to the United
Nations Framework Convention on Climate Change. An important milestone was the Male’
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