A/HRC/41/39
Special Procedures should ensure a systemic response to climate change that considers the
full range of options for coming up with a more creative, urgent and system-wide approach,
led by the Special Rapporteur on the environment.
Regional human rights bodies
26.
At the regional level, the European Court of Human Rights has not directly
addressed climate change. 47 In contrast, the Inter-American Court of Human Rights has
characterized the human right to a healthy environment as fundamental for the existence of
humankind and having both individual and collective dimensions, including obligations
owed to both present and future generations. It concluded that the rights to life and personal
integrity, on their own, require States “to prevent significant environmental damages within
and outside their territory” and that this, in turn, requires them to “regulate, supervise and
monitor the activities under their jurisdiction that could cause significant damage to the
environment; carry out environmental impact assessments … prepare contingency plans …
and mitigate any significant environmental damage …”.48
Civil society
27.
A diverse array of civil society groups and human rights defenders are working on
climate change issues. However, among international human rights groups there has been
rather minimal engagement to date and limited collaboration between human rights and
environmental groups remains a missed opportunity. A detailed survey is beyond the scope
of the present report, but the track records of major organizations are instructive.
28.
Since 2009, Amnesty International has called for a global agreement to curb climate
change and joined the Global Call for Climate Action. 49 Publicly available records indicate
that in 2015, the senior leadership team “decided that although climate change was not … a
priority in Amnesty’s strategic goals for 2016–2019, Amnesty would need to engage more
deeply on the issue in the medium and long term”.50 By June 2017, a draft climate change
policy had been prepared, but has yet to be adopted. In 2018, Amnesty called upon
Governments to “commit to much more ambitious emissions reduction targets … or bear
responsibility for loss of life and other human rights violations and abuses on an
unprecedented scale”. 51 More recent media reports indicate that Amnesty International
plans to make climate change a key priority and to increase its advocacy on the subject. 52
29.
Human Rights Watch has worked on climate change within its broader programme
on the environment. While it has taken careful note in a number of reports of issues related
to climate change, such as illegal logging, the right to food, child marriage and the Zika
virus, and in one report directly documented the challenges of climate change, 53 little
attention has been paid to the overall impact of climate change on human rights or to the
obligations of Governments to undertake mitigation. As a result, the voice of a key actor in
international debates has been largely absent.
47
48
49
50
51
52
53
See Heta Heiskanen, “Climate change and the European Court of Human Rights: future potentials”,
The Routledge Handbook of Human Rights and Climate Governance (London and New York,
Routledge, 2018).
Inter-American Court of Human Rights, advisory opinion OC-23/17, 15 November 2017.
See Amnesty International, “Climate change”, available at www.amnesty.org/en/what-we-do/climatechange/.
Amnesty International 33rd International Council meeting, “Circular 10: human rights aspects of
climate change”.
Amnesty International, “Failure to act swiftly on climate change risks human rights violation on
massive scale”, 8 October 2018.
See Sean O’Neill, “Amnesty International expands remit to include climate change”, The Times, 30
April 2019.
Human Rights Watch, “There is no time left. Climate change, environmental threats, and human
rights in Turkana County, Kenya” (2015).
7
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