A/HRC/31/52
83.
States have obligations at the national level to take adaptation actions to protect their
vulnerable populations from the effects of climate change, and at the international level to
cooperate in order to facilitate the protection of vulnerable communities wherever they are
located. The rights of the most vulnerable must be respected and protected in all actions,
including actions taken to mitigate or adapt to climate change. Renewable energy projects
and efforts to protect forests, while they may be highly desirable as methods of reducing or
offsetting greenhouse gas emissions, are not exempt from human rights norms. When such
projects are proposed for the territory of indigenous peoples, for example, the projects must
accord with the obligations owed to those peoples, including, where applicable, the duties
to facilitate their participation in the decision-making process and not to proceed without
their free, prior and informed consent (see A/HRC/25/53, para. 78).
84.
The Paris Agreement recognizes the importance of respecting the rights of the most
vulnerable. Its preamble specifically refers to the rights of indigenous peoples, local
communities, migrants, children, persons with disabilities and people in vulnerable
situations, as well as gender equality, in calling on the parties to respect, promote and
consider their respective obligations on human rights when taking action to address climate
change. Article 7 of the Agreement emphasizes that, in addition to being country-driven,
participatory and fully transparent, adaptation action should be gender-responsive and take
into consideration vulnerable groups, communities and ecosystems. To ensure that States
satisfy their human rights obligations, they must implement the commitments they have
made in relation to the protection of the most vulnerable.
V. Conclusions and recommendations
85.
Bringing human rights to bear on climate change has three principal benefits.
First, advocacy grounded in human rights can spur stronger action. From the Male’
Declaration to the Paris Agreement, Governments and civil society organizations have
successfully argued that strong climate action is necessary to safeguard human rights.
These efforts have borne fruit, but they must continue and intensify.
86.
Second, human rights norms clarify how States should respond to climate
change. As the Paris Agreement recognizes, whenever States take action to address
climate change, they should respect, protect and consider their respective obligations
on human rights. Complying with human rights obligations not only helps to protect
the rights of everyone affected by climate change. As the Human Rights Council has
affirmed, it also promotes policy coherence, legitimacy and sustainable outcomes.
87.
States have procedural obligations to assess and provide information about the
effects of climate change, to ensure that climate decisions are made with the informed
participation of the public and to provide for effective remedies for climate-related
violations of human rights. They must protect the rights of freedom of expression and
association in relation to all climate actions, even when the rights are being exercised
in opposition to projects supported by the authorities.
88.
Based on the duty of international cooperation, States should fully implement
all of the commitments they have made in relation to the Paris Agreement and
strengthen their commitments in the future, in order to ensure that global
temperatures do not rise to levels that would impair a vast range of human rights.
Each State must also adopt a legal and institutional framework that assists those
within its jurisdiction to adapt to the unavoidable effects of climate change. In all of
these actions, States must take care to protect the rights of the most vulnerable.
89.
Third, human rights bodies can inform and improve climate policy by
providing forums for issues concerning climate change and human rights that might
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