Author:Upasana Saikia
Edited by: Shadrack Chai
INTRODUCTION
According to Resolution 26/27 of the United Nations Human Rights Council, it is stressed that climate change is a worldwide issue that necessitates a worldwide resolution. The Council urged for global collaboration in enforcing the United Nations Framework Convention on Climate Change (UNFCCC) to help countries address human rights impacted by climate change effects. The Council confirmed that human rights commitments, guidelines, and values can enhance and support global, regional, and local decision-making on climate change, leading to consistency in policies, credibility, and sustainability results.
Acknowledging these realities, the Human Rights Council organized a day-long panel meeting on human rights and climate change on March 6, 2015. The meeting focused on the difficulties climate change presents in achieving human rights for all individuals, especially those in vulnerable positions, and the negative effects on countries’ abilities to ensure the right to food. Panellists, including respected speakers from UN Member States, intergovernmental organizations, civil society, and academia, suggested proactive solutions based on rights to tackle climate change.
Governments must follow international human rights laws by either performing certain actions or refraining from certain actions to protect the basic rights of individuals and groups.
One of the UN’s greatest achievements is the establishment of a universal and enforceable set of human rights laws that are recognized worldwide and can be adopted by all countries. The UN has defined a variety of internationally recognized rights, including civil, cultural, economic, political, and social rights. In addition, it has established procedures to assist and protect these rights and aid countries in meeting their responsibilities.
The General Assembly ratified the United Nations Charter and the Universal Declaration of Human Rights in 1945 and 1948, respectively, establishing them as the foundational laws of this organization. From that time onwards, the UN has steadily expanded the scope of human rights legislation to encompass specific obligations for minorities, women, children, individuals with disabilities, and other marginalized communities. As a consequence, these groups now possess rights that protect them from the bias that was previously common in numerous countries.
THE ORIGIN OF THE HUMAN RIGHTS COMMISSION
The creation of the Human Rights Commission did not happen overnight. The UN created the Human Rights Council to safeguard the human rights of all individuals, and the General Assembly approved the “Universal Declaration of Human Rights” on December 10, 1948.
The annual celebration of “World Human Rights Day” takes place on 10th December.
Following extensive deliberation, it was determined that a National Human Rights Commission would be established in each country to safeguard the rights of individuals. In the same way, the State Human Rights Commission was established to safeguard human rights at the state level.
This was how the Human Rights Commission was established.
Keywords (Minimum 5): International Human Rights Commission, Climate Change, Right to Life, Right to Self-Determination, Right to Food, Right to Health.
SUB-HEADINGS
Meaning, Definition & Explanation
All individuals, regardless of their race, sex, nationality, ethnicity, language, religion, or other characteristics, possess inherent human rights. Human rights include the rights to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, as well as various other rights. Each person has the right to these freedoms without facing any kind of prejudice.
The idea of Human Rights is ancient, so it is not a recent concept. When people lived in the forest, they adhered to rules such as the Right to live and Property. Over time, civilization developed and the emergence of law, which was perceived as the leader of a group, led to the establishment of Kings and the formation of a society where Kings ruled and laws were established. In this manner, Human Rights were established as a legal principle.
Climate change affects a variety of human rights that are internationally protected, both directly and indirectly.
What is the importance of incorporating human rights into efforts related to climate change?
Human rights are legal guarantees that apply to everyone and safeguard individuals, groups, and communities from actions or lack of actions that infringe upon their basic freedoms and rights. Human rights law requires governments (mainly) and other duty-bearers to uphold, advance, safeguard, and meet all human rights. Human rights apply to all individuals and stem from the intrinsic value and equal importance of every person. They are equal, indivisible, interconnected and interdependent, and cannot be relinquished or removed. Additionally, human rights are legally safeguarded and place responsibility on actions and inactions, especially of governments and government officials.
There is no doubt now that human-induced climate change has adverse effects on the complete realization of human rights. Climate change significantly affects many human rights, such as the right to life, self-determination, development, food, health, water and sanitation, and housing. The global responses to climate change must follow human rights norms and principles such as participation, transparency, accountability, equity, and non-discrimination. In short, climate change is an issue of human rights and human rights principles should be incorporated into the solution.
Which ethical standards related to human rights are relevant in the climate change scenario?
It is the responsibility of states to uphold, safeguard, encourage, and meet all human rights for every individual. This entails a clear responsibility to avoid potential risks, such as those resulting from climate change. The UN Charter, the Universal Declaration of Human Rights, the ICESCR, and the UN Declaration on the Right to Development emphasize that State human rights obligations necessitate both individual effort and international collaboration. As per the Universal Declaration of Human Rights, all individuals have the right to a social and international system where their rights and freedoms can be fully achieved, and they also have responsibilities towards society.
The fundamental principles of human rights, equality, and non-discrimination entail the need to take steps to alleviate the unequal effects of climate change on marginalized populations and ensure that efforts to combat climate change benefit those in vulnerable situations and diminish disparities. Concerns about climate justice, fairness, equity, and access to remedy are heightened by the unequal effects of climate change on individuals in vulnerable circumstances. The Universal Declaration of Human Rights, along with the ICCPR and other human rights agreements, state that individuals who experience human rights abuses have the right to seek appropriate redress. The panel of the Human Rights Council continuously urged for climate justice and prompt action to reduce and adjust to climate change. Prime Minister Enele Sopoaga of Tuvalu emphasized that addressing the human rights.
How can we incorporate human rights into actions related to climate change?
Implementing human rights in actions related to climate change involves using a rights-based approach to policy and development, as outlined in the Declaration on the Right to Development and supported in the UN Common Understanding of a Human Rights-Based Approach to Development Cooperation. Key human rights principles highlighted by the UN Common Understanding include universality, indivisibility, interdependence and interrelatedness, non-discrimination and equality, participation and inclusion, accountability, and the rule of law. It lays out a theoretical structure for development using global human rights principles to enhance and safeguard human rights in every development action. A rights-focused method evaluates duties, disparities, and susceptibilities, aiming to correct biased behaviours and unfair power allocations. It grounds plans, policies, and programs in a framework of rights, as well as duties set by global legal standards.
The key essentials of a human rights-centred approach include:
The primary focus in developing policies and programs should be on upholding human rights.
The identification of rights-holders and their entitlements, along with duty-bearers and their obligations, is essential for enhancing the abilities of rights-holders to assert their claims and duty-bearers to fulfil their responsibilities.
All policies and programming at every stage should be guided by principles and standards from global human rights law, like the Universal Declaration of Human Rights and fundamental human rights treaties.
Any efforts to address climate change, like promoting renewable energy, protecting forests, planting trees, and relocating communities, should prioritize human rights. Affected individuals and communities need to be involved, with no discrimination, in the planning and execution of these projects. They should have the right to due process and to seek redress if their rights are infringed upon.
What measures need to be implemented moving forward?
On February 13, 2015, the Geneva Pledge for Human Rights in Climate Action was introduced, with eighteen States pledging to support the exchange of best practices and knowledge among human rights and climate professionals at the national level. This aims to enhance collective abilities to provide climate change solutions that benefit both people and the environment. The Geneva Pledge is available to all States and is just one of numerous key initiatives focusing on enhancing the comprehension of the connections between human rights and climate change. Throughout the panel discussions, panellists continuously highlighted the significance of this effort, pointing out that enhancing communication between these separate groups is a crucial requirement for further integrating human rights into the climate change conversation.
The main goal of these and similar efforts should be to move this conversation from theory to practice, encouraging immediate, urgent actions based on the right to address and adapt to the adverse effects of climate change. Based on earlier research in human rights and climate change, as well as discussions from March 6, 2015, the rest of this report aims to motivate and educate on the importance of incorporating human rights into climate initiatives at COP 21 and beyond. The upcoming section will analyze specific rights impacted by climate change.
THE RIGHT TO LIFE
As per the Universal Declaration of Human Rights, every individual is entitled to the right to life, freedom, and personal security. The ICCPR reaffirms that “every individual has the right” to possess the intrinsic entitlement to life. Every State has agreed to Honor, safeguard, advocate for, and uphold the right to life. At the bare minimum, this means that States are expected to implement proactive steps to avoid foreseeable and preventable loss of life.
Climate change represents a danger to human existence. Abul Hassan Mahmood Ali, Foreign Minister. The Minister of Bangladesh labelled this threat as “existential.”
THE RIGHT TO SELF-DETERMINATION
The UN Charter’s Article 1 emphasizes the importance of respecting the “self-determination of peoples”. Additionally, Common Article 1 of the ICCPR and the ICESCR affirm that “every group has the entitlement to self-determination. Due to that right, they have the freedom to decide their political status and to pursue their economic, social, and cultural development without restriction. States are required to acknowledge the self-determination of all people and guarantee they have the resources needed for self-sufficiency. Climate change doesn’t just endanger people’s lives, but also their ways of living, jobs, and the existence of entire communities.
THE RIGHT TO FOOD
The Universal Declaration of Human Rights and the ICESCR both guarantee the right to food. The ICESCR’s Article 11 defends the “basic entitlement of all individuals to live without hunger” and urges countries, both independently and in collaboration with others, to guarantee a fair sharing of global food resources based on necessity. States must uphold human rights, just like they do with all other rights.
Uphold, defend, advocate for, and guarantee the human right to food. Additionally, countries have pledged to utilize all possible resources to gradually achieve the right to food and all other rights outlined in the ICESCR.
THE RIGHT TO HEALTH
The right to health for humans is mentioned in the Universal Declaration of Human Rights and Article 12 of the ICESCR, guaranteeing everyone the right to achieve optimal physical and mental health.
The Human Rights Council has frequently acknowledged the effects of climate change on the right to health and achieving the best possible level of physical and mental health for maximum satisfaction. The most recent resolution 29/15 of the Human Rights Council includes a call for a panel discussion and a detailed study on how climate change affects the right to health.
The role that can be played by the Resident Coordinator and UN Country Team in advancing the issue.
The Resident Coordinator and UN Country Team must educate government officials, policymakers, National Human Rights Institutions, indigenous peoples, and the general public on the connection between human rights and the environment through training and national awareness campaigns.
They ought to enhance the availability of information, public involvement, and access to justice in environmental decision-making, by offering technical and financial assistance. This will hold governments, businesses, and environmental/human rights groups accountable for their impact on the environment and human rights.
They need to promote stronger connections between different sectors at the country level, as this can advance sustainable development by merging human rights, social development, economic development, and environmental protection within a coordinated framework.
The Resident Coordinator and UN Country Team should support countries in enforcing the guidelines of applicable MEAs, meeting global human rights obligations, and crafting and accepting environmental policies, laws, and regulations to safeguard human rights enjoyment and preserve the environment for present and future generations.
UN Country Teams need to enhance their involvement with the human rights mechanisms. To achieve this, they must utilize the thematic knowledge within the HRWG and make use of the coordinating function of the human rights mechanisms to assist Country Teams in collaborating as a unified UN entity and enhancing their ability to tackle the connection between human rights and the environment. They need to be ready to assist nations and public organizations in issuing reports to human rights treaty bodies, the universal periodic review held by the Human Rights Council, and the United Nations Framework Convention on Climate Change regarding human rights and environmental matters. UN Country Teams and Resident Coordinators must work to record how environmental damage and climate change affect human rights, such as the right to development. They should also assist in overseeing the effects of development projects on human rights to determine if these projects are helping people, especially those most at risk of environmental and other dangers.
CONCLUSION & COMMENTS
In recent years, there has been a clearer understanding of the human rights principles that pertain to environmental damage. To safeguard various human rights from environmental damage, human rights organizations have outlined responsibilities for governments to evaluate the environmental effects of planned activities, share environmental information, involve the public in environmental decision-making processes (while upholding freedom of expression and association), and guarantee adequate solutions for environmental disruptions to human rights. States are required to put into place legal safeguards to prevent environmental damage that impacts human rights, even if it is caused by private entities. States don’t need to ban all activities that could potentially harm the environment according to human rights law. They can find a middle ground between protecting the environment and other valid societal interests, as long as it is fair and doesn’t lead to unwarranted violations of human rights. In conclusion, States are obligated to uphold non-discrimination in environmental laws and protect vulnerable groups, like indigenous peoples, from environmental harm. When it comes to climate change, States must fulfil obligations within their territory to safeguard human rights and implement adaptation and mitigation measures as needed. Identifying specific duties for each State concerning the extraterritorial impacts of actions within its jurisdiction is a challenging task.
REFERENCES
Online Articles / Sources Referred
Human Rights Principles and Climate Change by Knox.pdf
Human-Rights-and-the-Environment.pdf
JAMR39.pdf
COP21.pdf
