States' Human Rights Obligations in the Context of Climate Change
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States’ Human Rights Obligations in the
Context of Climate Change
2019 Update
Climate change poses a global to effectively combating the causes recognized the impacts of climate
threat to the enjoyment of our and impacts of climate change. change on many rights protected
human rights. In the context of by UN human rights instruments,
the December 2018 UN Climate The human rights treaty bodies such as the rights to life, health,
Conference, the High Commis- (HRTBs), which monitor imple- education, and adequate stan-
sioner for Human Rights, Michelle mentation of the UN human rights dard of living and the prohibition
Bachelet, stated that “the findings treaties, therefore have an essential of discrimination. Furthermore,
of the Intergovernmental Panel role to play in clarifying the extent several HRTBs have stressed the
on Climate Change (IPCC) in its of States’ human rights obligations disproportionate impacts of climate
Special Report on 1.5°C could not in the context of climate change. change on women, children, and
have been clearer. Climate change In a synthesis note published in indigenous peoples and the height-
is already impacting people’s lives, January 2018 (the 2018 Synthesis ened obligations of States. Several
the effective enjoyment of their Note), the Center for International HRTBs have also consistently
rights, and the ecosystems on which Environmental Law and Global underlined the importance of inter-
we all rely.” This latest report of the Initiative for Economic, Social and national cooperation and of taking
IPCC strengthened the understand- Cultural Rights provided a sum- into consideration commitments
ing that climate change poses a mary of authoritative statements by made under environmental instru-
significant threat to the enjoyment the HRTBs on climate change. The ments such as the UN Framework
of human rights and that human 2018 Synthesis Note emphasized Convention on Climate Change.
rights-based climate actions are key how these bodies had increasingly
and climate change; an appraisal of
the authoritative guidance provid-
ed by these bodies in 2018; and a
summary of key statements relating
to specific climate issues, such as
emissions reduction, adaptation to
climate impacts, procedural rights,
and international cooperation.
Three annexes provide a short
synthesis of the contributions made
in 2018 by the Committee on the
Elimination of Discrimination
against Women (CEDAW), the
Committee on Economic, Social
and Cultural Rights (CESCR), and
the Committee on the Rights of the
Child (CRC).
Role of the Human
Rights Treaty Bodies
in Addressing
Human Rights and
Climate Change
The HRTBs are institutions es-
tablished under each UN human
rights treaty, which are mandated
to monitor the fulfillment by States
of their human rights obligations
under that legal instrument. The
HRTBs are comprised of between
10 and 23 independent human
rights experts, appointed by State
The 2018 Synthesis Note is available at bit.ly/ClimateObligations. Parties and working in their person-
al capacities. They have three main
functions: the individual communi-
cations procedure (a quasi-judicial
The present note (2019 Note) as identifies potential gaps where complaints procedure); general
builds on the information in the the HRTBs could play an im- comments (or recommendations)
2018 Synthesis Note and compiles portant role in articulating States’ and thematic initiatives; and the
and summarizes the statements on human rights obligations related to State reporting procedure.
climate adopted by the HRTBs in climate change.
2018 — a year which saw an un- The State reporting procedure in-
precedented level of engagement by The 2019 Note contains three volves the State submitting a report
the HRTBs on this issue. It reviews sections: a review of the role of the on its compliance with the relevant
trends and emerging themes, as well HRTBs in addressing human rights human rights treaty and then the
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 2 | CIEL & GI-ESCR
Three Annexes in the 2019 Update
Committee on the Elimination
of Discrimination against
Women (CEDAW)
Committee on Economic,
Social and Cultural Rights
(CESCR)
Committee on the Rights of
the Child (CRC)
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 3 | CIEL & GI-ESCR
Name of the treaty body Human rights treaty monitored Relevant rights and principles
Committee on International Convention • Obligation to prohibit and eliminate
the Elimination of on the Elimination of All discrimination against women (article 2)
Discrimination Against Forms of Discrimination and to ensure the full development and
Women (CEDAW) Against Women advancement of women (article 3)
• Right to participation (article 7)
• Rights of rural women (article 14)
Committee on Economic, International Covenant • Obligation to take steps towards full
Social and Cultural on Economic, Social and realization of ESC rights (article 2)
Rights (CESCR) Cultural Rights • Peoples’ right of self-determination and to
own means of subsistence (article 1)
• Rights to an adequate standard of living,
including food, water, and housing (article
11), to health (article 12), and to science and
culture (article 15)
Committee on the Rights International Convention • Obligation to respect and ensure the rights
of the Child (CRC) on the Rights of the Child of children and to eliminate discrimination
against children (article 2) and principle of
best interests of the child (article 3)
• Rights to life (article 6), freedom of
expression (article 13), health (article 24), an
adequate standard of living, including food,
water, sanitation, and housing (article 27),
and education (article 28)
Human Rights International Covenant • Peoples’ right of self-determination (article 1)
Committee (CCPR) on Civil and Political • Rights to life (article 6), to expression (article
Rights 19), to take part in public affairs (article 25),
and to culture (article 27)
Committee on the International Convention • Prohibition of racial discrimination
Elimination of Racial on the Elimination of (article 2) and obligation to eliminate racial
Discrimination (CERD) All Forms of Racial discrimination in relation to all human rights
Discrimination (article 5)
Committee on the International Convention • Prohibition of discrimination against persons
Rights of Persons with on the Rights of Persons with disabilities (article 4), obligation to
Disabilities (CRPD) with Disabilities consult
• Rights to life (article 10), education (article
24), health (article 25), and adequate
standard of living (article29)
• Obligation to protect persons with disabilities
in situations of risk and natural disasters
(article 11)
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 4 | CIEL & GI-ESCR
Committee reviewing the report in general comments. Thus far, no receiving the COBs, and the main
and holding a “Dialogue” with the committee has dealt with substan- themes covered. It will also compare
State. The process concludes with tive arguments related to climate 2018 to the work of the HRTBs in
the Committee issuing Concluding change in its decisions on individu- previous years and will discuss the
Observations (COBs), which make al communications. developments, trends, and gaps.
recommendations on the State’s
compliance with the relevant treaty. Analysis of the General Comments and
See our 2018 Synthesis Note for Contributions of the Thematic Initiatives of the
more details regarding these pro- HRTBs in 2018 to HRTBs
cesses.
Elaborating States’ In February 2018, the CEDAW
Among the ten HRTBs currently adopted its General Recommenda-
in existence, several have played a Human Rights tion No. 37 on “Gender-related di-
particularly active role in addressing Obligations in the mensions of disaster risk reduction
climate change, in part due to the in the context of climate change,”
scope of the substantive obligations
Context of Climate which articulates that climate
provided in the relevant treaty: the Change impacts are not gender neutral and
Committee on the Elimination of discusses different examples of the
Discrimination of Against Wom- This section will provide an over- disproportionate impacts of disas-
view of the work of the HRTBs ters on women (paragraphs 2 - 6).
en; the Committee on Economic,
on climate change in 2018. It will It also identifies many of the key
Social and Cultural Rights; and
begin with an assessment of the climate change issues that States
the Committee on the Rights of
attention given to climate change in should consider when implement-
the Child. Other HRTBs have also general comments and thematic ini- ing the CEDAW Convention, such
progressively begun to address hu- tiatives of the HRTBs. It will then as: (para. 13) limiting fossil fuel use
man rights-related implications of consider the references to climate and greenhouse gas emissions; the
climate change and climate policies. change in the State reporting proce- harmful environmental effects of
dures of the HRTBs, discussing the extractive industries such as mining
Climate change has been addressed
historical evolution of Concluding and fracking; and the allocation
most frequently in the State report-
Observations, the type of countries of climate finance. The General
ing procedures and less frequently
Recommendation also insists on the
participation of women in rela-
tion to understanding the impacts
of climate change and designing
© Abbie Trayler-Smith / Panos Pictures / Department
responses and solutions and at all
levels of decision-making, including
the negotiation of global action on
climate change.
In October 2018, at the time of the
for International Development
publication of the report of the In-
tergovernmental Panel on Climate
Change (IPCC) on the impacts of
global warming of 1.5 °C above
pre-industrial levels, the CESCR
adopted a Statement on “Climate
change and the International
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 5 | CIEL & GI-ESCR
Covenant on Economic, Social and adopted its new General Comment climate change since 2008. Most of
Cultural Rights.” No. 36 on the right to life (article those have occurred since 2012 and
6, International Covenant on Civil there has been a significant increase
In that Statement, the Committee and Political Rights), which ac- from 2016, perhaps in part due to
welcomed the IPCC report and said knowledges the connection between the global attention and momen-
that it demonstrated that climate the right to life and the impacts of tum on climate change generated
change constitutes a massive threat climate change and environmental by the adoption of the Paris Agree-
to economic, social, and cultural degradation. ment in late 2015. 2018 saw a re-
rights. It reminded States that, in cord number of COBs referencing
addition to their voluntary commit- General Comment 36 dedicates a climate change.
ments made under the international paragraph to “environmental degra-
climate change agreements, “all dation, climate change and unsus- The CESCR, CEDAW, and CRC
States have human rights obliga- tainable development” (para 62), continue to produce the majority of
tions, that should guide them in the which it describes as “some of the the COBs on climate change. How-
design and implementation of mea- most pressing and serious threats ever, the Committee on the Rights
sures to address climate change.” to the ability of present and future of Migrant Workers (CMW) and
generations to enjoy the right to the Committee on the Rights of
It also warned States that “a failure life.” Therefore, we can expect to Persons with Disabilities (CPRD)
to prevent foreseeable human rights see the Human Rights Committee have also raised climate change in
harm caused by climate change, or start to consider the implications of their work.
a failure to mobilize the maximum climate change for the right to life,
available resources in an effort to do in its reviews of States’ compliance The CPRD has issued 2 COBs on
so, could constitute a breach of this with the ICCPR. climate change in the past two years
obligation.” (Seychelles and Honduras). In both
cases, the Committee focused its
The most well-known of the State Reporting Procedures
recommendations on the special
HRTBs, the Human Rights Com- of the HRTBs risks to persons with disabilities in
mittee, has not yet addressed disasters and the inclusion of per-
climate change through its State As Figure 1 demonstrates, there sons with disability in processes for
reporting procedure. However, in has been a continuous increase in the development of national disas-
November 2018, the Committee the number of COBs addressing ter risk management systems.
Figure 1: Historic evolution of references to climate change in Concluding Observations of the HRTBs (left) and
in the List of Issues (right), 2008-2018
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 6 | CIEL & GI-ESCR
The CMW referred to climate becomes more common and visible, notice that it will be asked about
change in its List of Issues1 for Par- we can expect to see the issue of climate change during the dialogue.
aguay. Specifically, the Committee climate migration arising more fre- Hopefully this will avoid the situa-
asked the State to provide informa- quently in the work of the CMW tion where the delegates of the State
tion about measures it had taken to and other HRTBs (e.g., CESCR). present in Geneva for the review
address the causes of irregular mi- are not equipped to deal with the
gration, including climate change. 2017 and 2018 also saw a signifi- Committee’s questions on climate
As the impacts of climate change cant rise in the references to climate change.
intensify and climate migration change in the Lists of Issues pub-
lished by the HRTBs. A reference As seen in Figure 2, small island
1. Lists of Issues are documents pub- in the List of Issues can make for developing States (SIDS) and least
lished by a Committee with questions a much more interesting dialogue developed countries (LDCs) have
for the State under review to respond with the State, since the State must received the biggest share of recom-
to prior to the review. Usually the State
provide a published written re- mendations on climate change from
will send a “Reply” to the List of Issues
sponse to the questions and is on the HRTBs. In fact, these coun-
prior to the review.
Concluding Observations Adopted by Key HRTBs in 2018
Concluding Observations Adopted by Key HRTBs between 2008-2017
Figure 2: References to climate change in Concluding Observations of the CRC, CESCR, and CEDAW (left to right)
adopted in 2008-2017 (below) and 2018 (above), according to type of country
Note: Developed countries are defined as countries included in the Annex-1 of the UN Framework Convention on Climate Change.
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 7 | CIEL & GI-ESCR
tries received 52% of all references
to climate change over the past
decade, despite the fact that these
countries represented only 31% of
all countries reviewed during the
period. This focus on SIDS and
LDCs was particularly pronounced
for the CRC and CEDAW, whose
approach to climate change has
tended to focus on the protection of
groups (children and women) from
climate impacts.
In 2018, this trend eased as the
CESCR, CRC, and CEDAW
increasingly directed their cli-
mate-related recommendations to a
broader diversity of countries, with
a significant increase in the number
of observations directed to devel-
oped countries.
Over the past decade, CESCR has
made a higher percentage of recom-
mendations to developed countries, Figure 3: References to climate change in COBs of all HRTBs, by categories,
2008-2018
Figure 4: Climate references in COBs of all HRTBs, by sub-themes, 2008-2018
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 8 | CIEL & GI-ESCR
due to its stronger focus on address- participation in climate policy-mak- This increasing awareness by the
ing the causes of climate change. ing continued to be the most Committees could provide the
common climate recommendations basis for a further diversification
Figure 3 analyzes the themes of the HRTBs. The attention given of their recommendations in 2019
covered in the COBs on climate to mitigation by the HRTBs grew and beyond. The HRTBs have yet
change since 2008. Overall, the vast slightly in 2018 to 11% and includ- to address many aspects of climate
majority of references to climate ed at least one reference to each of policies from the perspective of hu-
change have related to adapta- the mitigation sub-themes (emis- man rights, for instance in relation
tion (40%) and procedural rights sions reduction, fossil fuels, defor- to land, food, and deforestation,
(33%). Only 9% of the references estation, renewable energy, role of and of global justice issues, such as
to climate change have addressed private actors, and extra-territorial financial flows, trade and invest-
mitigation. obligations). The compilation be- ments, and international climate
low provides examples of COBs for finance.
In terms of the sub-themes ref-
each of these sub-themes.
erenced in Figure 4, the most
commonly addressed were specific While it is encouraging to see the
Compilation of
groups requiring protection (such HRTBs increasing their consid- Statements by the
as children, women, and indigenous eration of mitigation issues, there
peoples) and public participation remain many developed countries HRTBs in 2018 on
(i.e., the participation of civil soci-
ety or particular groups in climate
for whom climate change was not Climate-Related
addressed at all when they were
decision-making and disaster risk reviewed by a HRTB in 2018 (and Obligations
reduction planning). There were this trend is even more pronounced
also a significant number of recom- The compilation below provides
in relation to the Lists of Issues). examples of the broad range of
mendations that focused on disas-
ter risk reduction, education, and It is encouraging to see that the recommendations made by the
empowerment and on the linkages level of specificity of the recom- HRTBs in 2018 regarding how
with the Sustainable Development mendations adopted by the HRTBs international human rights obliga-
Goals. in relation to climate change — tions apply in the context of climate
particularly in relation to emissions change. This compilation is, howev-
In relation to mitigation, between reductions — has increased over er, not exhaustive.
2008 and 2018 the HRTBs have the past decade and particularly in
focused primarily on national All concluding observations adopt-
2018. There were a growing num- ed by the HRTBs can be accessed
emissions reduction and secondly ber of recommendations address-
on addressing the climate-related through the following links:
ing national policy developments
impacts of fossil fuels. (or gaps in regulations that are of • Concluding Observations
particular relevance to the country adopted by CEDAW:
2018 Trends under review), such as the CESCR’s bit.ly/CEDAWcobs
recommendation to Argentina to
2018 reflected many of the previous “reconsider the large-scale exploita- • Concluding Observations
trends, such as a much stronger tion of unconventional fossil fuels adopted by CESCR:
focus on adaptation and procedural through hydraulic fracturing in the bit.ly/CESCRcobs
rights, although procedural rights Vaca Muerta region, in order to en-
(35%) overtook adaptation (34%) • Concluding Observations
sure compliance with its obligations
as the most commonly referenced adopted by CRC:
under the Covenant, in the light of
category. In 2018, the protection of bit.ly/CRCcobs
the Paris Agreement commitments.”
specific groups from climate im-
pacts and the importance of public
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 9 | CIEL & GI-ESCR
Statements by HRTBs in change (CEDAW GR37, CE- • take the measures necessary to
SCR COB to Argentina); ensure that private sector actors
2018 Regarding States’ remedy the impact of their
Obligations Related to the • limit fossil fuel use (CEDAW operations on affected groups
GR37). (CEDAW COB to Fiji, CE-
Reduction of Emissions and
DAW GR37).
On renewable energy, HRTBs
Fossil Fuels (Mitigation)
reiterated that States have to: On extraterritorial obligations,
On the duty for states to reduce HRTBs provided that States must:
• take measures to strengthen
emissions, the HRTBs stated that
policies to address the issue • establish safeguards to protect
States must:
of climate change, including all groups from the negative
• set national targets with time- through boosting solar energy impacts of fossil fuels, both
bound benchmarks to reduce (CRC COB to Niger); in the State party as well as
greenhouse gas emissions (CE- abroad, including when those
• work towards a fundamental
SCR COB to Argentina); result from exports of fossil
shift to renewable sources of
fuels (CRC COB to Norway,
• intensify domestic efforts to energy (CESCR Statement,
CEDAW COB to Australia).
reach their greenhouse gas emis- CESCR COB to Argentina,
sions targets for 2020 (CESCR CEDAW GR37).
COB to Germany);
Statements by the HRTBs
On deforestation and land-use,
in 2018 on the Protection
• design a strategy to eliminate HRTBs affirmed that States need
and carry out environmental to: of Rights from the Impacts
impact assessments on the im- of Climate Change
• dedicate the maximum available
pact of air pollution from coal-
fired power plants on children’s
resources to the adoption of (Adaptation)
measures that could mitigate
health (CRC COB to Spain); On preventive measures protect-
climate change, such as those
• review energy and climate to slow down deforestation and ing communities from climate
change policies to ensure that move to agroecological farming impacts, HRTBs stated that States
they do not have an adverse (CESCR Statement); are to:
impact on the life and health • strengthen policies or programs
• take effective steps to equitably
of women and girls (CEDAW to address the issues of climate
manage shared natural resourc-
COB to South Korea) and change and disaster risk man-
es, such as addressing defor-
ensure sustainable use of natural agement, which must ensure
estation and soil degradation
resources (CCPR GC36). the full and meaningful partic-
(CEDAW GR37, CRC COB to
On the extraction and exploita- Niger). ipation of communities at risk
tion of fossil fuels, HRTBs stated (CRC COB to Niger);
On the contribution of the pri-
that States must: • strengthen its public policies
vate sector to climate change,
• establish safeguards to protect HRTBs said States are required to: and strategies aimed at mitigat-
children, both in the State party ing the impact of natural disas-
• effectively regulate private ac- ters and climate change on the
as well as abroad, from the
tors to ensure that their actions population and reducing the
negative impacts of fossil fuels
do not worsen climate change vulnerability of communities
(CRC COB to Norway);
and that they respect maximum (CESCR COB to Cabo Verde,
• limit the harmful environmen- air pollutant emissions limits CEDAW GR37).
tal effects of fracking — in- (CESCR Statement, CCPR
cluding its impact for climate GC36, CEDAW GR37, CRC
COB to Spain);
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 10 | CIEL & GI-ESCR© UN Photo/Logan Abassi via Flickr
On protecting rights through risk factors for gender-based measures to increase children’s
disaster risk reduction (DRR) violence against women within awareness and preparedness
and/or disaster preparedness, the the context of DRR (CEDAW for climate change and natural
HRTBs reiterated that States must: GR37); disasters, increase the physical
safety of school infrastructure,
• formulate and implement strat- • integrate human mobility-re- and establish school-based
egies and action plans on disas- lated considerations into DRR programs such as early warning
ter response and risk reduction policies and plans (CEDAW systems, among other measures
on the basis of human rights GR37). (CRC COB to Marshall Is-
(CESCR COB to Bangladesh, lands, Palau, Solomon Islands);
CEDAW GR37); On the protection of groups in
vulnerable situations from the • take into account the greater
• ensure that a gender perspective effects of climate change, HRTBs vulnerability of women in the
is integrated into national pol- underlined that States must: face of natural disasters and
icies and programs on disaster climate change by mainstream-
response and climate change, • ensure that the requirements of
ing their concerns and rights by
such as setting up public funds persons with disabilities, includ-
adopting a human-rights-based
to support families in the wake ing children, are included in
approach at all decision-making
of disasters, creating a system the design and implementation
levels of the adaptation and
for the immediate supply of of all climate change adapta-
mitigation process (CEDAW
basic necessities, and undertak- tion and DRR policies (CRPD
COB to Australia, Luxembourg,
ing gender impact assessments COB to Seychelles, CRC COB
Marshall Islands, New Zealand,
during the design, implementa- to Palau);
CEDAW GR37);
tion, and monitoring phases of
• develop a comprehensive disas-
these policies (CEDAW COB • adopt temporary special mea-
ter-sensitive social protection
to Cook Islands, Barbados, Fiji, sures with clear timelines to
system that takes into account
Suriname, CEDAW GR37); enhance access for women
the special vulnerabilities and
affected by natural disasters to
• develop policies and programs needs of children, as well as
their basic needs, such as educa-
to address existing and new their views, by implementing
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 11 | CIEL & GI-ESCRtion, food, water, housing, and Statements by the HRTBs On climate education and other
natural resources. (CEDAW forms of climate empowerment,
COB to Nepal);
in 2018 Regarding States’ the HRTBs stated that States have
Obligations Related to to:
• ensure the protection of the
rights of women and girls with Procedural Rights • provide women and girls with
disabilities, indigenous and career counselling, scholarships,
On access to information, public
minority women and girls, les- and other incentives, such as
participation, and access to jus-
bian, bisexual, transgender and gender-focused community
tice, HRTBs said that States must:
intersex girls and women, older participation training, to orient
women, and those of other mar- • ensure that national and region- them to and inform them about
ginalized groups by including al strategies and action plans subjects related to DRR and
their rights in disaster health on climate change and disaster climate change and ensure equal
care policies and ensuring access response and risk reduction are access to these opportunities,
to health services within disas- formulated and implemented as well as to the Green Climate
ter preparedness and response with the meaningful participa- Fund (CEDAW COB to Chile,
programs (CEDAW GR37). tion of affected communities Fiji, Marshall Islands, Samoa,
and persons, such as persons CEDAW GR37);
On data and analysis on impacts
with disabilities, and of civil so-
and vulnerabilities, the HRTBs • undertake measures to increase
ciety (CESCR COB to Bangla-
affirmed that States are required to: the knowledge of teachers and
desh, Cabo Verde, CRPD COB
educators on environmental
• improve data and assessments to Seychelles);
issues and climate change (CRC
of DRR and preparedness and COB to Lesotho, Sri Lanka)
• ensure that women are mean-
climate change policies, taking and include climate change ad-
ingfully involved in the devel-
into account vulnerable groups aptation and DRR in the school
opment of legislation, policies,
(CRC COB to Palau, Solomon curriculum (CRC COB to Mar-
and programs on climate
Islands, CEDAW COB to Sau- shall Islands, Palau, Solomon
change, disaster response, and
di Arabia, CEDAW GR37); Islands, Sri Lanka, CEDAW
DRR at the local, national,
regional and international levels GR37);
• ensure that effective monitoring
and reporting systems are estab- (CEDAW COB to Australia,
• strengthen national gender
lished by collecting, analyzing, Macedonia, Mauritius, New
and women’s rights organiza-
monitoring, and disseminating Zealand, Suriname, CEDAW
tions and provide them with
data across all areas relevant to GR37);
adequate resources, skills, and
DRR, climate change, and gen- authority to carry out strategies
• ensure access to justice for
der equality and by including to prevent and respond to di-
women by increasing awareness
information in periodic reports sasters and mitigate the adverse
of available legal remedies and
on the legal frameworks, strat- effects of climate change (CE-
dispute resolution mechanisms,
egies, budgets, and programs DAW GR37, CEDAW COB to
establishing appropriate and
that they have implemented Marshall Islands);
effective human rights account-
to ensure the human rights
ability mechanisms, and ensur-
of women are promoted and • invest in gender-responsive
ing the availability of effective
protected within climate change social protection systems and
remedies in case of human
and DRR policies (CEDAW social services that reduce
rights violations by private
GR37, CEDAW COB to Cook economic inequalities between
actors, occurring from activities
Islands, Samoa). women and men (CEDAW
both inside and outside a State’s
GR37, CEDAW COB to Aus-
territory (CEDAW GR37).
tralia).
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 12 | CIEL & GI-ESCRStatements by the HRTBs • consider their human rights • allocate a budget for a mecha-
obligations in light of the goals nism implementing the Sustain-
in 2018 Regarding States’ and targets provided by the able Development Goals (CE-
Obligations Related to SDGs, particularly in relation DAW COB to Luxembourg);
to Goal 4 on ensuring quali-
International Cooperation • strengthen international coop-
ty education (CRC COB to
Lesotho), Goal 5 on gender eration and seek the support
On the UNFCCC and related in-
equality (CEDAW COB to Fiji, to which developing States
struments, HRTBs have confirmed
Luxembourg), and Goal 13 on are entitled in mitigating and
States must:
climate action (CRC COB to responding to the effects of
• comply with specific obligations Guatemala, Palau, Sri Lanka, climate change, as well as in
of the Paris Agreement (CESCR CEDAW COB to Fiji); implementing the recommen-
COB to Argentina, Germany); dations of the Concluding
• develop a national action plan Observations (CESCR COB to
• integrate and coordinate with on business and human rights Bangladesh, CESCR Statement,
other existing frameworks such on the basis of the 2030 Agenda CRC COB to Palau, Solomon
as the UNFCCC, the 2030 (CEDAW COB to Australia, Islands);
Agenda for Sustainable Devel- CEDAW GR37);
opment, and the Sendai Frame- • mainstream gender into inter-
work to ensure a consistent and • ensure migration and devel- national cooperation programs
effective approach in climate opment policies are gender on DRR, sustainable devel-
change initiatives (CEDAW responsive and that they recog- opment, and climate change
GR37). nize the influence of disasters and establish appropriate and
and climate change to these effective human rights account-
On the Sustainable Development issues (CEDAW GR37). ability mechanisms (CEDAW
Goals (SDGs), HRTBs have de- COB to South Korea, CEDAW
clared States have to: On climate finance and interna- GR37).
tional cooperation, the HRTBs
have reported that States must:
© UN Photo/Logan Abassi via Flickr
States’ Human Rights Obligations in the Context of Climate Change: 2019 Update | 13 | CIEL & GI-ESCRWomen’s Rights Obligations of States in the
Context of Climate Change
Synthesis of Statements on Climate Change by the Committee on the
Elimination of Discrimination Against Women (2019 Update)
Climate change has disproportion- Women (CEDAW) monitors the risk reduction in the context of
ate adverse impacts on women and implementation of the Convention climate change” (GR37). This
undermines their human rights. through its three functions: the recommendation identifies the wide
Women’s rights are protected under State reporting procedure, its gen- range of obligations of States under
the Convention on the Elimina- eral recommendations and thematic ICEDAW in relation to climate
tion of Discrimination Against initiatives, and its communications change and disaster risk reduction
Women (ICEDAW), which has procedure. To date, the CEDAW and management.
been ratified by 189 States since its has not addressed climate change in
adoption in 1979. In the context of any of its decisions on communica- State Reporting Procedure
climate change, the Convention’s tions.
most relevant provisions are the The CEDAW has increasingly
prohibition of all forms of discrim- General Recommendations referred to climate change in its rec-
ination against women (article 2), ommendations to States (Conclud-
the obligation to ensure the full The Committee has adopted three ing Observations (COBs)) in its
development and advancement of General Recommendations (GRs) State reporting procedure. In 2018,
women in all fields, particularly in that consider how women’s rights it made climate recommendations
the political, social, economic, and are affected by climate change: to 75% of the States it reviewed.
cultural fields (article 3), public General Recommendation No. 27 The majority of its recommenda-
participation (article 7), and the on the rights of older women and tions on climate change continue to
protection of the rights of rural General Recommendation No. go to small island developing States
women (article 14). 34 on the rights of rural women. (SIDS) and least developed coun-
In early 2018, it adopted General tries (LDCs). However, it increased
The Committee on the Elimina- Recommendation 37 on “Gen- the number of developed States to
tion of Discrimination Against der-related dimensions of disaster whom it addressed a recommen-
States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update) | 1 | CIEL & GI-ESCRFigure A: Climate change references in the State Reporting Procedure of the CEDAW in 2018, by document type (left), and CEDAW COBs with climate change references in 2018, by country type (right) dation on climate change, and there was only one developed State reviewed by the CEDAW in 2018 that did not receive a recommenda- tion on climate (Liechtenstein). The CEDAW continued to empha- size adaptation (44%) and proce- dural rights (37%) when referring to climate change and it continued to make fewer recommendations on mitigation (7%). We can also observe the influence of GR37 in the CEDAW’s COBs. GR37 has a strong focus on disaster risk reduction and management, and those issues are also given the strongest emphasis in the Commit- tee’s recommendations to States. The importance of the participation of women in all levels of climate decision-making and the empow- erment of women through climate activities are also highlighted in Figure B: References to climate change in COBs of the CEDAW in 2018, by GR37 and regularly specified in the categories CEDAW’s COBs. States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update) | 2 | CIEL & GI-ESCR
Figure C: References to climate change in COBs of the CEDAW in 2018, by sub-themes
Mitigation continued to receive provide international cooperation national implementation of the
less attention from the CEDAW and assistance relating to climate Gender Action Plan.
(in both its GR37 and COBs), change.
with only three recommendations
Building on its increasing engage-
Compilation of
on mitigation (Australia, Fiji, and
South Korea), which focus on ment with these issues, the CE- CEDAW Statements
DAW might have the opportunity
emissions reduction and fossil fuel
in 2019 and beyond to address new on Climate in 2018
extraction and exports. However,
this might be a consequence of the aspects of climate policies from the All concluding observations adopted
fact that the CEDAW reviewed perspective of women’s rights. For by the CEDAW can be accessed here:
only 5 developed States (Austra- instance, it might explore how the bit.ly/CEDAWcobs.
lia, New Zealand, Liechtenstein, rights of rural women (article 14)
Luxembourg, and South Korea) in relate to climate impacts and pol- Access the full General Recommenda-
2018 and developing States are far icies on land, food, and deforesta- tion 37 on “Gender-related dimen-
less likely to receive a recommenda- tion. Further, the CEDAW’s strong sions of disaster risk reduction in
tion on mitigation. expertise on global justice issues the context of climate change” here:
could also be applied to climate-re- bit.ly/CEDAWGR37.
In relation to international coop- lated topics, such as financial flows,
eration, the CEDAW only recom- trade and investments, and interna- On the reduction of emissions
mended to one country that it seek tional climate finance. There might and fossil fuels (mitigation), States
international assistance in relation also be a role for the CEDAW to must:
to climate change activities, and play in monitoring the implementa-
• reduce greenhouse gas emis-
it made no recommendations that tion of gender-related commitments
sions, including those resulting
developed States contribute towards made by countries in the context
from exports (CEDAW COB to
climate financing or otherwise of the UN climate agreements and
Australia);
States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update) | 3 | CIEL & GI-ESCR• review climate change and face of natural disasters and • ensure that women are mean-
energy policies to ensure they climate change by mainstream- ingfully involved in the devel-
do not adversely impact the life ing their concerns and rights in opment of legislation, policies,
and health of women and girls, the adaptation and mitigation and programs on climate
while working on a fundamen- process and adopting measures change, DRR, and response at
tal shift towards renewable with clear timelines to enhance the local, national, regional, and
sources of energy (CEDAW access for women affected by international levels (CEDAW
COB to South Korea, CEDAW natural disasters to their basic COB to Australia, Macedonia,
GR37); needs (CEDAW COB to Fiji, Mauritius, New Zealand);
Luxembourg, Nepal, Suriname,
• limit fossil fuels and the harm- CEDAW GR37); • ensure access to justice for
ful environmental effects of women by increasing awareness
extractive industries, such as • ensure the promotion and pro- of available legal remedies and
mining and fracking (CEDAW tection of the rights of women dispute resolution mechanisms,
GR37); and girls with disabilities, indig- establishing appropriate and
enous and minority women and effective human rights account-
• take effective steps to equitably girls, lesbian, bisexual, transgen- ability mechanisms, and ensur-
manage shared natural resourc- der, and intersex girls and wom- ing the availability of effective
es, such as addressing deforesta- en, older women, and those of remedies in case of human
tion, near surface permafrost other marginalized groups by rights violations by private
degradation, and soil degrada- including their rights in disaster actors, occurring from activities
tion (CEDAW GR37); health care policies and stan- both inside and outside a State’s
dards and ensuring access to territory (CEDAW GR37);
• take the measures necessary to
health information and services
ensure that private sector actors • strengthen women’s rights by
within disaster preparedness
remedy the impact of their providing gender and wom-
and response programs (CE-
operations on affected groups en’s rights organizations with
DAW GR37);
(CEDAW COB to Fiji, CE- adequate resources, skills, and
DAW GR37). • ensure that effective monitoring authority to carry out DRR and
and reporting systems are estab- response strategies to prevent
On the protection of rights from
lished by collecting, analyzing, and mitigate the adverse effects
the impacts of climate change
monitoring, and disseminating of climate change, including by
(adaptation), the ICEDAW re-
data across all areas relevant to promoting the use of traditional
quires States to:
DRR, climate change, and gen- knowledge, investing in gen-
• formulate and implement der equality (CEDAW GR37, der-responsive social protection
policies on disaster risk reduc- CEDAW COB to Australia, systems and services, reducing
tion (DRR) and response and Samoa, Saudi Arabia); economic inequalities between
climate change on the basis of women and men, and providing
• develop policies and programs women with training oppor-
human rights, integrating a
to address existing and new tunities in the area of DRR
gender perspective therein, by,
risk factors for gender-based and climate change (CEDAW
among other measures, carrying
violence against women within GR37, CEDAW COB to Aus-
out gender impact assessments
the context of DRR (CEDAW tralia, Chile, Marshall Islands).
in the design, implementation,
GR37);
and monitoring phases of these
On international cooperation,
policies (CEDAW COB to Aus- • integrate human mobility con- the CEDAW has articulated States
tralia, Barbados, Cook Islands, siderations into DRR policies must:
Macedonia, CEDAW GR37); (CEDAW GR37).
• integrate and coordinate with
• take into account the greater On procedural rights, States are other existing frameworks such
vulnerability of women in the required to:
States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update) | 4 | CIEL & GI-ESCRas the UNFCCC, the 2030 equality and Goal 13 related to opment, and climate change
Agenda for Sustainable Devel- climate action (CEDAW COB and establish appropriate and
opment, and the Sendai Frame- to Fiji, Luxembourg); effective human rights account-
work to ensure a consistent and ability mechanisms (CEDAW
effective approach in climate • develop a national action plan COB to Australia, South Korea,
change initiatives (CEDAW on business and human rights CEDAW GR37);
GR37); on the basis of the 2030 Agenda
(CEDAW COB to Australia, • allocate a budget for a mech-
• consider their human rights CEDAW GR37); anism for implementing the
obligations in light of the goals Sustainable Development Goals
and targets provided by the • mainstream gender into inter- (CEDAW COB to Luxem-
SDGs, particularly in relation national cooperation programs bourg).
to Goal 5 related to gender on DRR, sustainable devel-
List of Countries Coming Up for Review by CEDAW in 2019
Session Dates Countries under review
WG72 18 February - 8 March 2019 Angola, Antigua and Barbuda, Botswana,
Colombia, Ethiopia, Myanmar, Serbia, United
Kingdom
PSWG74 11-15 March 2019 Andorra, Bosnia and Herzegovina, Cambodia,
Ecuador, Iraq, Kazakhstan, Lithuania,
Seychelles, Sweden, Uruguay
WG73 1-19 July 2019 Austria, Bahrain, Cabo Verde, Côte d’Ivoire,
Democratic Republic of the Congo, Guyana,
Mozambique, Qatar
PSWG75 22-26 July 2019 Belgium, Switzerland, Tunisia
WG74 21 October – 8 November 2019 Andorra, Bosnia and Herzegovina, Cambodia,
Iraq, Kazakhstan, Lithuania, Pakistan, Seychelles
PSWG76 11-15 November 2019 Germany, Ukraine
Women’s Rights Obligations of States in the Context of Climate Change
by The Center for International Environmental Law and The Global
Initiative for Economic, Social and Cultural Rights is licensed under
a Creative Commons Attribution 4.0 International License.
Cover image: Bioversity International/C. Zanzanaini via Flickr
States’ Human Rights Obligations in the Context of Climate Change: CEDAW (2019 Update) | 5 | CIEL & GI-ESCREconomic, Social, and Cultural Rights Obligations
of States in the Context of Climate Change
Synthesis of Statements on Climate Change by the Committee on
Economic, Social and Cultural Rights (2019 Update)
The International Covenant on The Committee on Economic, underlines the human rights impli-
Economic, Social and Cultural Social and Cultural Rights (CE- cations of climate change, the role
Rights (ICESCR) was adopted in SCR) monitors the implementa- of human rights mechanisms on
1966 and has been ratified by 166 tion of the ICESCR through its this issue, and States’ human rights
States. The ICESCR requires States three functions: the State reporting duties in light of climate change.
to take steps, individually and procedure, its general comments
through international assistance and thematic initiatives, and its State Reporting Procedure
and cooperation, to the maximum communications procedure. To
of their available resources, with a date, the CESCR has not addressed The CESCR has increasingly re-
view to progressively achieving the climate change in any of its deci- ferred to climate change in its Con-
full realization of economic, social, sions on communications. cluding Observations (COBs). This
and cultural rights by all appro- trend has continued in 2018 where
priate means (article 2). Several General Comments and 42% of States reviewed by the CE-
substantive rights defined herein SCR during the year received a rec-
are particularly affected by climate Thematic Initiatives ommendation on climate change.
change: the right not to be deprived As seen in Figure A, of those States,
The CESCR addressed climate
of one’s own means of subsistence there was a reasonably even spread
change in its General Comment on
(article 1), to an adequate standard of recommendations to small island
the right to water.
of living, food, adequate housing, developing States (SIDS), least
water, and sanitation (articles 11 In October 2018, following the developed States (LDCs), other
and 12), and to the enjoyment of publication of the IPCC Special developing States, and developed
the highest attainable standard of Report on 1.5°C, the CESCR States. For developed States, two
physical and mental health (article released a Statement on climate of the three States reviewed by the
12). change and the Covenant, which CESCR in 2018 received a recom-
mendation on climate.
States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update) | 1 | CIEL & GI-ESCRFigure A: Climate change references in the State Reporting Procedure of the CESCR in 2018, by document type (left),
and climate change references in the COBs of the CESCR in 2018, by country type (right)
The CESCR continued to have a
stronger focus on mitigation issues
than other Committees (20% of its
climate recommendations), for ex-
ample referring to reducing green-
house gasses, export of fossil fuels,
extraterritorial obligations related to
mitigation, fracking, deforestation,
and soil degradation (see Figures B
and C). These recommendations on
mitigation tend to be very targeted
and have a high degree of specifici-
ty, making them more relevant for
policy-making. For example, the
CESCR recommended that Ar-
gentina “reconsider the large-scale
exploitation of unconventional
fossil fuels through hydraulic frac-
turing in the Vaca Muerta region,
in order to ensure compliance with
its obligations under the Covenant,
in the light of the Paris Agreement
commitments.”
Figure B: References to climate change in COBs of the CESCR in 2018, by
Nevertheless, procedural rights was categories
the category with the highest num-
ber of recommendations (30%) in the CRC and the CEDAW). For and risk reduction are formulated
2018, and those recommendations example, the CESCR recommend- and implemented on the basis of
concentrated on public participa- ed that Bangladesh “ensure that human rights and with the mean-
tion in climate decision-making strategies and action plans on cli- ingful participation of affected
(this was also a common theme for mate change and disaster response communities and civil society.” As
States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update) | 2 | CIEL & GI-ESCRFigure C: References to climate in COBs of the CESCR in 2018, by sub-themes
in previous years, the CESCR has The CESCR has yet to address On the reduction of emissions
been less likely to address adapta- through its recommendations and fossil fuels (mitigation), the
tion compared to other Commit- broader issues related to climate CESCR has stated that States must:
tees and has referred to disaster risk justice, such as the linkages between
reduction less often. international financial flows, trade, • reduce greenhouse gas emissions
investments, and climate change. by setting out national targets
The CESCR has also been less Nor has it articulated in detail the with time-bound benchmarks
likely to mention the differentiated linkages between economic, social, and intensifying domestic
impact on specific groups, instead and cultural rights and land use, efforts to reach the 2020 target
highlighting the impacts on the deforestation, and climate change. (CESCR COB to Argentina,
enjoyment of economic, social, and Germany, CESCR Statement);
cultural rights for all. Nevertheless,
it has often linked climate issues
Compilation of • ensure compliance with com-
to the rights of indigenous peoples CESCR Statements mitments made in the Paris
(Argentina and New Zealand). Agreement in relation to the
on Climate Change in exploitation of fossil fuels (CE-
The importance of States complying
with their Paris Agreement commit-
2018 SCR COB to Argentina);
ments was also emphasized by CE- All concluding observations adopted • promote alternative and renew-
SCR. The Committee has not yet by the CESCR can be accessed here: able energy sources (CESCR
made references to the importance bit.ly/CESCRcobs. COB to Argentina);
of developed countries increasing
CESCR’s statement on climate change • dedicate the maximum available
contributions to climate financ-
and the covenant in the context of resources to the adoption of
ing. However, the Committee did
the IPCC Report on Global Warming measures that could mitigate
address international cooperation in
by 1.5ºc is available here: bit.ly/CE- climate change, such as those
its recommendations to Bangladesh,
SCR1o5c. to slow down deforestation and
encouraging it to seek international
move to agroecological farming
cooperation to mobilize resources
(CESCR Statement);
to tackle climate change.
States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update) | 3 | CIEL & GI-ESCR• effectively regulate private ac- • strengthen its public policies SCR COB to Bangladesh, Cabo
tors to ensure that their actions and strategies aimed at mitigat- Verde, CESCR Statement).
do not worsen climate change ing the impact of natural disas-
and that they respect maximum ters and climate change on the On international cooperation, the
air pollutant emissions limits population and reducing the CESCR has articulated that States
(CESCR Statement). vulnerability of communities must:
(CESCR COB to Cabo Verde).
On the protection of rights from • comply with specific obligations
the impacts of climate change On procedural rights, the CESCR of the Paris Agreement (CESCR
(adaptation), the CESCR requires affirmed that States are required to: COB to Argentina, Germany);
States to:
• ensure that national and region- • strengthen international coop-
• ensure that strategies and action al strategies and action plans eration and seek the support
plans on climate change and di- on climate change and disaster to which developing States
saster risk reduction are formu- response and risk reduction are are entitled in mitigating and
lated and implemented on the formulated with the meaningful responding to the effects of
basis of human rights (CESCR participation of affected com- climate change (CESCR COB
COB to Bangladesh, CESCR munities and civil society (CE- to Bangladesh, CESCR State-
Statement); ment).
List of Countries Coming Up for Review by CESCR in 2019
Session Dates Countries under review
WG65 18 February - 8 March 2019 Bulgaria, Cameroon, Estonia, Kazakhstan,
Mauritius
PSWG64 11-15 March 2019 Austria, Benin, Ecuador, Finland, Israel, Kuwait,
Senegal
WG66 30 September – 18 October 2019 Benin, Denmark, Ecuador, Israel, Senegal,
Slovakia, Switzerland
PSWG65 21-25 October 2019 Azerbaijan, Chile, Italy, Mongolia
Economic, Social, and Cultural Rights Obligations of States in the
Context of Climate Change by The Center for International Envi-
ronmental Law and The Global Initiative for Economic, Social and
Cultural Rights is licensed under a Creative Commons Attribution
4.0 International License.
Cover image: Danumurthi Mahendra via Flickr
States’ Human Rights Obligations in the Context of Climate Change: CESCR (2019 Update) | 4 | CIEL & GI-ESCRChildren’s Rights Obligations of States in the
Context of Climate Change
Synthesis of Statements on Climate Change by the Committee on the
Rights of the Child (2019 Update)
The Convention on the Rights of The Committee on the Rights of during the CRC’s Day of General
the Child (CRC Convention) has the Child (CRC) monitors the Discussion on Children’s Rights
been ratified by 196 States since its implementation of the Conven- and the Environment, which result-
adoption in 1989. The CRC Con- tion through its three functions: ed in the endorsement by the CRC
vention prohibits discrimination the State reporting procedure, its of a series of recommendations
against children and obliges States general comments and thematic relating to climate change.
to give primary consideration to the initiatives, and its communications
best interests of the child (articles 2 procedure. To date, the CRC has State Reporting Procedure
and 3). The CRC Convention also not addressed climate change in any
protects many rights that implicitly of its decisions on communications. The CRC has increasingly referred
relate to environmental protection to climate change in its State
and climate change, including the General Comments and reporting procedure. In 2018, it
right to life (article 6), to food, wa- made recommendations regarding
ter and sanitation, and housing (ar- Thematic Initiatives climate change to 47% of the States
ticles 24 and 27), and to freedom it reviewed. Those climate recom-
The CRC has elaborated States’
of expression (article 13). The right mendations were spread relatively
obligations under the Convention
to the highest attainable standard of evenly between the different coun-
in the context of climate change
health (article 24(2)) and the right try types (Small Island Developing
in two of its general comments:
to education (article 28) explicitly States (SIDS), Least Developed
GC15 on health (2013) and GC20
mention the consideration of envi- Countries (LDCs), other devel-
on adolescence (2016). Moreover,
ronmental matters in the protection oping countries, and developed
in 2016 this issue was discussed
of these rights. countries) (relative to the spread
States’ Human Rights Obligations in the Context of Climate Change: CRC (2019 Update) | 1 | CIEL & GI-ESCRFigure A: Climate change references in the State Reporting Procedure of the CRC in 2018, by document type (left,) and
climate change references in the COBs of the CRC in 2018, by country type (right)
of States reviewed by the CRC in
2018). The majority of the States
that did not receive a recommenda-
tion on climate, were “other devel-
oping States.”
In 2018, the CRC continued to fo-
cus largely on procedural rights and
international cooperation, frequent-
ly reminding States of the impor-
tance of incorporating children’s
perspectives in climate and disaster
risk reduction policy-making and
planning. Education and empow-
erment also featured highly in its
recommendations. Perhaps prompt-
ed by the explicit reference to envi-
ronmental education in article 28
of the Convention, the Committee
also regularly recommended that
States increase children’s awareness
and preparedness for climate change
and natural disasters by including
these topics in the school
Figure B: References to climate change in COBs of the CRC in 2018, by cate-
curriculum.
gories
States’ Human Rights Obligations in the Context of Climate Change: CRC (2019 Update) | 2 | CIEL & GI-ESCRYou can also read
