A/HRC/31/52
1.
Obligations at the national level
68.
At the national level, each State has an obligation to protect those within its
jurisdiction from the harmful effects of climate change. This obligation is relatively
straightforward with respect to the establishment and implementation of effective
adaptation measures. States must adopt a legal and institutional framework that assists those
within their jurisdiction to adapt to the unavoidable effects of climate change. While States
have some discretion as to which measures to adopt, taking into account their economic
situation and other national priorities, they should ensure that the measures: result from a
process that provides for informed public participation; take into account national and
international standards; and are neither retrogressive nor discriminatory. Finally, once the
standards are adopted, States should ensure that they are implemented.
69.
Consistent with the obligation to respect the rights of information and participation,
article 7 of the Paris Agreement acknowledges that “adaptation action should follow a
country-driven, gender-responsive, participatory and fully transparent approach”. It calls on
each party to engage in adaptation planning processes, including formulating and
implementing national adaptation plans and building the resilience of socioeconomic and
ecological systems.
70.
While appropriate adaptation measures will vary from situation to situation, States
should take into account relevant national and international standards, including the Sendai
Framework for Disaster Risk Reduction 2015-2030.36 States may be expected to take
measures more quickly with respect to threats that are imminent or life-threatening, such as
typhoons and floods, than with respect to longer-term effects. UNEP identifies several
measures that may be considered necessary to protect the rights to life and health from
imminent threats, such as: establishing early warning systems and risk notification;
improving physical infrastructure to reduce the risk of floods or other hazards; adopting
emergency response plans; and providing disaster relief and humanitarian assistance in
emergencies.37
71.
With respect to mitigation, the situation is more complicated. Most countries do not
emit greenhouse gases in quantities that cause, by themselves, appreciable effects on their
own people or on those living in other countries. As a result, none of these States can hope
to avoid the effects of climate change merely by reducing its own emissions. Although the
emissions of larger countries may well have a discernible impact on the effects of climate
change on their own people, no single State can, by itself, do more than delay those effects
as long as the emissions of other States continue to increase. This does not mean that States
have no obligations under human rights law to mitigate their own emissions,38 but it does
suggest that to understand the nature of those obligations, it is helpful to look at the duty of
international cooperation.
2.
Obligations at the international level
72.
As section II explains, climate change threatens the enjoyment of a vast range of
human rights. While some of its impacts can be ameliorated through adaptation measures,
36
37
38
General Assembly resolution 69/283.
UNEP report, p. 22. For a discussion of measures to address slow-onset disasters, see the report of the
Special Rapporteur on the rights of internally displaced persons (A/66/285, paras. 54-65).
Moreover, States may have obligations to address climate change based on other sources, including
domestic law. See, e.g., Ashgar Leghari v. Federation of Pakistan (Lahore High Court Green Bench,
2015); Massachusetts v. Environmental Protection Agency (U.S. Supreme Court, 2007); and Urgenda
Foundation v. Kingdom of the Netherlands (District Court of The Hague, 2015).
17
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