A/HRC/31/52
such measures become less effective as temperatures rise. An increase of even 2°C would
have drastic consequences for the full enjoyment of human rights.
73.
States agreed in the United Nations Framework Convention on Climate Change that
their goal is to achieve “stabilization of greenhouse gas concentrations in the atmosphere at
a level that would prevent dangerous anthropogenic interference with the climate system”.
In the Paris Agreement, States went further, stating in article 2 (1) that they aim to hold the
increase in temperature to well below 2°C above pre-industrial levels and to pursue efforts
to limit the temperature increase to 1.5°C, “recognizing that this would significantly reduce
the risks and impacts of climate change”. This target is consistent with the obligations of
States, acting together in accordance with the duty of international cooperation, to protect
human rights from the dangerous effects of climate change.
74.
Through the United Nations Framework Convention on Climate Change and the
Paris Agreement, States have created a legal and institutional framework to try to reach this
goal. As noted above, human rights norms contemplate that States have some discretion to
decide how best to balance their obligation to protect against environmental harm with their
pursuit of other legitimate interests, but they should exercise that discretion reasonably in
the light of all relevant factors, including those identified above.
75.
Applying those factors to the international climate regime indicates that States have
struck a reasonable balance in many respects. They have conducted an international
decision-making process based on detailed, publicly disseminated scientific assessments.
The agreement that emerged from this process in 2015 takes into account international
standards, including human rights standards, and is non-retrogressive. It also appears to be
non-discriminatory, and it includes some provisions designed to address the concerns of the
most vulnerable countries and communities.
76.
In some critical respects, however, the Paris Agreement falls short. The Agreement
addresses mitigation principally through requiring each party to prepare its own nationally
determined contribution. The problem is not that the Agreement allows each State to decide
for itself what contribution it commits to make; the problem is that the proposed
contributions do not go far enough. Commendably, almost every State in the world has
presented an intended nationally determined contribution, but even if fully implemented,
they will not put the world on a path that avoids disastrous consequences for human rights.
UNEP has determined that full implementation of the intended contributions would lead to
emission levels in 2030 that will likely cause a global average temperature increase of well
over 2°C, and quite possibly over 3°C.39 Therefore, even if they meet their current
commitments, States will not satisfy their human rights obligations.
77.
From a human rights perspective, then, it is necessary not only to implement the
current intended contributions, but also to strengthen those contributions to meet the target
set out in article 2 of the Paris Agreement. States are aware of the gap between their current
commitments and their collective goal, and they agreed in Paris to review the adequacy of
their commitments through stocktaking exercises every five years, beginning in 2018.
However, it is already clear that States must begin to move beyond their current
commitments even before the first stocktaking, in order to close the gap between what is
promised and what is necessary.
78.
This challenge should not be underestimated. Keeping the increase in global
temperature to well below 2°C requires States to move rapidly and steadily towards a world
economy that no longer obtains energy from fossil fuels. Still, some countries are showing
39
18
UNEP, The Emissions Gap Report (2015), p. XVIII. Available from:
http://uneplive.unep.org/media/docs/theme/13/EGR_2015_301115_lores.pdf.
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