A/HRC/35/13
(c)
The obligations and responsibilities of duty bearers, such as States and
private actors, must be clarified;
(d)
Principles and standards derived from international human rights law,
especially the Universal Declaration of Human Rights and the core universal human rights
treaties, should guide all policies and programming.
33.
A child rights-based approach requires States to take urgent action to mitigate
climate change by limiting emissions of greenhouse gases in order to prevent to the greatest
extent possible their negative human rights impacts on children and future generations.
Protection of children’s rights requires stopping development of the most carbon-intensive
fossil fuels and transitioning to clean, renewable sources of energy. States also must take
adaptation measures to protect and fulfil the rights of all children, and indeed all persons,
particularly those most endangered by the negative impacts of climate change. All efforts to
mitigate and adapt to climate change should be guided by relevant human rights norms,
standards and principles, including those related to participation, access to information,
transparency, accountability, equity, non-discrimination and equality.
34.
In the United Nations Framework Convention on Climate Change and the Paris
Agreement under that Convention, States are called on to take action on climate change on
the basis of equity and in accordance with their common but differentiated responsibilities,
while the Rio Declaration on Environment and Development and the Vienna Declaration
and Programme of Action call for the right to development to be fulfilled so as to meet
equitably the developmental and environmental needs of present and future generations.
These commitments are reaffirmed in the 2030 Agenda for Sustainable Development, in
which a just, equitable, tolerant, open and socially inclusive world in which the needs of the
most vulnerable are met and development that benefits current and future generations are
envisioned.
35.
The principle of intergenerational equity underlying these frameworks places a duty
on current generations to act as responsible stewards of the planet and ensure the rights of
future generations to meet their developmental and environmental needs. This principle has
been applied by the Committee on Economic, Social and Cultural Rights, which directed
States to adopt comprehensive and integrated strategies and programmes to ensure that
there is sufficient and safe water for present and future generations. 54 States also have a
moral and ethical obligation to place the needs of today’s children and of future generations
at the core of climate change policies and actions.
36.
The human rights obligations of States require both individual action and
international cooperation. States, acting individually and collectively, are obligated to
mobilize and allocate the maximum available resources for the progressive realization of
economic, social and cultural rights, as well as for the advancement of civil and political
rights and the right to development. Equitable climate action requires that the burden of
addressing and preventing the adverse effects of climate change is shared, taking into
consideration the common but differentiated responsibilities of States. This means that
those developed countries that have contributed the most to climate change should
cooperate, including through the mobilization of finance and the transfer of technology and
knowledge, to strengthen climate mitigation and adaptation capacity in those developing
countries that have contributed the least. Particular attention should be paid to protecting
children from the adverse effects of climate change.
37.
Actors other than States also bear responsibility for climate change harm. The
Guiding Principles on Business and Human Rights affirm that States have an obligation to
protect human rights from business harm, while private enterprises have a responsibility to
respect human rights and do no harm. 55 The Committee on the Rights of the Child has
called on States to protect children’s rights from harm caused by business enterprises,
through the adoption of mandatory requirements for children’s rights due diligence by
54
55
10
See general comment No. 15 (2002) on the right to water, para. 28.
See also UNICEF, The Global Compact and Save the Children, Children’s Rights and Business
Principles, available at http://childrenandbusiness.org/.
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