A/HRC/41/39
latest scientific guidance and whether human rights law gives rise to a certain threshold of
action below which a State is in violation of its obligations.
82.
Human rights law requires a remedy for violations and climate change is no
different.127 Given what is now known about the widespread harm and human rights impact
of either 2°C or even 1.5°C of warming, it is also necessary to determine what measures
States must take to provide the required remedies for the all-but-certain human rights
violations that climate change will bring. Human rights actors have an important role in
identifying what such remedies will require.
83.
Each and every human rights body should consider what it can do to make use of its
existing procedures to highlight the urgency of the obligation to combat climate change. It
is true that this risks overlap or duplication, but such a risk seems almost inconsequential in
light of the magnitude and urgency of the threat.
84.
It is beyond the scope of the present report to provide detailed recommendations in
that regard, but a few examples can suffice. The Human Rights Council can no longer
afford to rely only on the time-honoured techniques of organizing expert panels, calling for
reports that lead nowhere, urging others to do more but doing little itself and adopting
wide-ranging but inconclusive and highly aspirational resolutions. It should commission an
urgent expert study to identify the options available and organize a high-level working
group to propose and monitor specific actions.
85.
Treaty bodies should reconsider whether the general comments or general
recommendations they have adopted on this issue are anywhere near sufficient, given the
size and nature of the challenge. They should hold meetings to discuss what sort of
recommendations might be included in their concluding observations in order to press
States parties to take the type of measures that can no longer be delayed. They should also
reflect on how best to promote in a truly meaningful way the measures they have already
adopted in relation to climate change.
86.
The Human Rights Committee recently asked the United States to directly address
“significant threats to the right to life posed by impacts of climate change, such as flash
floods, coastal flooding, wildfires, infectious disease, extreme heat and air pollution”
(CCPR/C/USA/QPR/5, para. 15). In principle, this is a breakthrough but in practice, the
terms are so open-ended and non-specific that it amounts to little more than ticking the
climate change box. The challenge is to reflect on what the next level of recommendation
might entail, in order to provide some sort of meaningful guidance as to the measures
needed, or at least as to the procedures that might be adopted at the national level to pursue
such questions.
87.
Similarly, the Committee should build on its pioneering statements relating to
climate change in its general comment No. 36. It has already been reported that a
communication has been submitted to the Committee on this issue. 128 The Committee
should explore innovative ways to respond constructively and not opt for an approach that
sidesteps responsibility. Civil society groups need to inform and encourage the Committee
in terms of these options and can take the opportunity provided by rule 96 of the
Committee’s new rules of procedure to submit “information and documentation … which
may be relevant for the proper determination of the case” (see CCPR/C/3/Rev.11).
VI. Conclusion
88.
The human rights community, with a few notable exceptions, has been every bit
as complacent as most Governments in the face of the ultimate challenge to mankind
represented by climate change. The steps taken by most United Nations human rights
bodies have been patently inadequate and premised on forms of incremental
127
128
18
Human Rights Council, “Report of the Special Rapporteur on the issue of human rights obligations
relating to the enjoyment of a safe, clean, healthy and sustainable environment”, p. 9.
“Islanders complain to U.N. over Australia’s climate change inaction”, Reuters, 13 May 2019.
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