A/HRC/31/52
that decarbonization is possible in practice as well as in theory. Uruguay, for example,
already produces nearly 95 per cent of its electricity from renewable energy. Iceland
produces almost all of its electricity, and more than 80 per cent of its total energy, from
geothermal and hydropower sources.
79.
Other elements of the international climate regime are also integral to the
implementation of the duty of international cooperation. To mention two of these elements
in particular: (a) article 7 (7) of the Paris Agreement calls on the parties to strengthen their
cooperation on enhancing action on adaptation, including with regard to sharing
information, improving the effectiveness of adaptation actions and assisting developing
countries; and (b) developed countries reiterated in Paris their commitment to assist
developing countries with respect to both mitigation and adaptation. Specifically, the
Conference of the Parties adopted a decision stating that developed countries intend to
continue their existing collective mobilization goal, which is $100 billion per year as of
2020, and that, before 2025, the parties to the Paris Agreement will set a new goal from a
floor of $100 billion, taking into account the needs and priorities of developing countries
(see FCCC/CP/2015/L.9/Rev.1, para. 54).
80.
The human rights norms relating to protection of the environment indicate that once
States have adopted measures to protect human rights from environmental harm, they must
implement those measures. The commitments made in relation to the Paris Agreement are
elements of the collective decision of States on how to address climate change. All of them
— the commitments for assistance as much as the commitments for mitigation and
adaptation — should be implemented fully, as well as strengthened as necessary, to protect
against the effects of climate change on human rights.
D.
Obligations in relation to vulnerable groups
81.
States have an overarching obligation not to discriminate in the application of their
environmental laws and policies. In addition, States have heightened duties with respect to
members of certain groups that may be particularly vulnerable to environmental harm,
including women, children and indigenous peoples (see A/HRC/25/53, paras. 69-78). As
the Human Rights Council has stated, the effects of climate change are felt most acutely by
those who are already in vulnerable situations. Usually, the most vulnerable have also done
the least to contribute to the problem. In this regard, climate change is inherently
discriminatory.
82.
States acting individually and in cooperation should take steps to protect the most
vulnerable from climate change.40 Procedurally, States should continue to assess the effects
of climate change, and of actions taken to mitigate and to adapt to it, on vulnerable
communities. They should ensure that those who are in vulnerable situations and who are
marginalized are fully informed of the effects of climate actions, that they are able to take
part in decision-making processes, that their concerns are taken into account and that they
have access to remedies for violations of their rights. Substantively, States should seek to
protect the most vulnerable in developing and implementing all climate-related actions.41
Even if mitigation targets are met, vulnerable communities may still suffer harm as a result
of climate change. Indeed, many are already experiencing adverse effects.
40
41
The Special Rapporteur on the human rights of migrants has examined the importance of not
discriminating against climate change-induced migrants, in particular (see A/67/299, paras. 74-76).
See, e.g., the Committee on the Rights of the Child’s general comment No. 15 (2013), para. 50
(because climate change “is one of the biggest threats to children’s health”, States should “put
children’s health concerns at the centre of their climate change adaptation and mitigation strategies”).
19
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