Original HRC document

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Document Type: Final Resolution

Date: 2016 Jul

Session: 32nd Regular Session (2016 Jun)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Topic: Environment

GE.16-12332(E)

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Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 July 2016

32/33. Human rights and climate change

The Human Rights Council,

Guided by the Charter of the United Nations, and reaffirming the Universal

Declaration of Human Rights, the International Covenant on Economic, Social and Cultural

Rights, the International Covenant on Civil and Political Rights, the Convention on the

Rights of the Child and the Vienna Declaration and Programme of Action,

Welcoming the adoption of the 2030 Agenda for Sustainable Development,1

including, inter alia, its Goal 13, which calls for urgent action to combat climate change and

its impact,

Reaffirming that all human rights are universal, indivisible and interdependent and

interrelated,

Recalling all its previous resolutions on human rights and climate change,

Reaffirming the United Nations Framework Convention on Climate Change and the

objectives and principles thereof, and emphasizing that parties should, in all climate

change-related actions, fully respect human rights as enunciated in the outcome of the

sixteenth session of the Conference of Parties to the Convention,2

Reaffirming also the commitment to enable the full, effective and sustained

implementation of the United Nations Framework Convention on Climate Change,

including, in the context of sustainable development and efforts to eradicate poverty,

through long-term cooperative action, in order to achieve the ultimate objective of the

Convention,

Acknowledging that, as stated in the United Nations Framework Convention on

Climate Change, the global nature of climate change calls for the widest possible

cooperation by all countries and their participation in an effective and appropriate

1 General Assembly resolution 70/1.

2 FCCC/CP/2010/7/Add.1, dec.1/CP.16.

international response, in accordance with their common but differentiated responsibilities

and respective capabilities, in the light of different national circumstances,

Acknowledging also that, as stated in the United Nations Framework Convention on

Climate Change, responses to climate change should be coordinated with social and

economic development in an integrated manner with a view to avoiding an adverse impact

on the latter, taking into full account the legitimate priority needs of developing countries

for the achievement of sustained economic growth and the eradication of poverty,

Affirming that human rights obligations, standards and principles have the potential

to inform and strengthen international, regional and national policymaking in the area of

climate change, promoting policy coherence, legitimacy and sustainable outcomes,

Emphasizing that the adverse effects of climate change have a range of implications,

which can increase with greater warming, both direct and indirect, for the effective

enjoyment of human rights, including, inter alia, the right to life, the right to adequate food,

the right to the enjoyment of highest attainable standard of physical and mental health, the

right to adequate housing, the right to self-determination, the right to safe drinking water

and sanitation and the right to development, and recalling that in no case may a people be

deprived of its own means of subsistence,

Recognizing that climate change poses an existential threat for some, and

recognizing also that climate change has already had an adverse impact on the full and

effective enjoyment of human rights‎ enshrined in the Universal Declaration of Human

Rights,

Expressing concern that, while these implications affect individuals and

communities around the world, the adverse effects of climate change are felt most acutely

by those segments of the population that are already in vulnerable situations owing to

factors such as geography, poverty, gender, age, indigenous or minority status, national or

social origin, birth or other status and disability,

Recognizing that children are among the most vulnerable to climate change, which

may have a serious impact on their enjoyment of the highest attainable standard of physical

and mental health, access to education, adequate food, adequate housing, safe drinking

water and sanitation,

Looking forward to the day of general discussion of the Committee on the Rights of

the Child on children’s‎rights and the environment, to be held on 23 September 2016,

Expressing concern that countries lacking the resources for implementing their

adaptation plans and programmes of action and effective adaptation strategies may suffer

from higher exposure to extreme weather events, in both rural and urban areas, particularly

in developing countries, including those in least developed countries, small island

developing States and African countries with more climate vulnerability,

Recognizing the particular vulnerabilities of migrants and other non-nationals who

may face challenges associated with implementing appropriate responses in extreme

weather conditions owing to their status and who may have limited access to information

and services, resulting in barriers to the full enjoyment of their human rights,

Welcoming the Paris Agreement adopted under United Nations Framework

Convention on Climate Change, which acknowledged that climate change is a common

concern of humankind, and that parties should, when taking action to address climate

change, respect, promote and consider their respective obligations on human rights, the

right to health, the rights of indigenous peoples, local communities, migrants, children,

persons with disabilities and people in vulnerable situations and the right to development,

as well as gender equality, empowerment of women and intergenerational equity,

Taking into account the imperatives of a just transition of the workforce and the

creation of decent work and quality jobs in accordance with nationally defined development

priorities,

Recognizing the urgent need for early ratification, acceptance or approval and full

implementation of the Paris Agreement,

Urging the parties to the Kyoto Protocol to the United Nations Framework

Convention on Climate Change that have not already done so to consider ratifying and

implementing the Doha amendment to the Kyoto Protocol,

Noting the‎ importance‎ for‎ some‎ of‎ the‎ concept‎ of‎ “climate‎ justice”‎ when‎ taking‎

action to address climate change,

Welcoming the holding of the twenty-second Conference of the Parties to the United

Nations Framework Convention on Climate Change in November 2016, in Marrakech,

Morocco,

Welcoming also the Sendai Framework for Disaster Risk Reduction 2015-2030,

adopted at the Third United Nations World Conference on Disaster Risk Reduction, and its

references to human rights,

Noting the work of the‎ United‎ Nations‎ Children’s‎ Fund related to environmental

sustainability for children, including its work to improve the enjoyment of rights by

children, especially the most disadvantaged, and to promote children as critical agents of

change, including its report on how children, particularly those in most vulnerable

situations, are affected by climate change and the concrete steps needed to be taken to

protect them,3

Welcoming the convening at the thirty-first session of the Human Rights Council of

the‎ panel‎ discussion‎ on‎ the‎ adverse‎ impact‎ of‎ climate‎ change‎ on‎ States’‎ efforts‎ to‎

progressively realize the right of everyone to the enjoyment of the highest attainable

standard of physical and mental health and related policies, lessons learned and good

practices, and noting the summary report on the panel discussion prepared by the Office of

the United Nations High Commissioner for Human Rights,4

Taking note of the analytical study on the relationship between climate change and

the human right of everyone to the enjoyment of the highest attainable standard of physical

and mental health prepared by the Office of the High Commissioner pursuant to Human

Rights Council resolution 29/15 of 2 July 2015,5

Encouraging States, as appropriate, to integrate policies on health and human rights

in their climate actions at all levels, including their national plans of action for climate

mitigation and adaptation,

Taking note of the report of the Special Rapporteur on the issue of human rights

obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment

focusing on climate change and human rights,6

Emphasizing the importance of implementing the commitments undertaken under

the United Nations Framework Convention on Climate Change on mitigation, adaptation

and the provision of finance, technology transfer and capacity-building to developing

3 Unless we act now: The impact of climate change on children (UNICEF, New York, November

2015).

4 A/HRC/32/24.

5 A/HRC/31/36.

6 A/HRC/31/52.

countries, to ensure the highest possible mitigation efforts to minimize the adverse impact

of climate change on present and future generations,

Noting the importance of facilitating meaningful interaction between the human

rights and climate change communities at both the national and international levels in order

to build capacity to deliver responses to climate change that respect and promote human

rights, taking into account the Geneva Pledge for Human Rights in Climate Action,

Noting also the establishment and the advocacy of the Climate Vulnerable Forum,

Noting further the establishment and work of regional and subregional initiatives on

climate change, including the Committee of African Heads of State and Government on

Climate Change and the International Solar Alliance,

1. Expresses concern that climate change has contributed to the increase of both

sudden-onset natural disasters and slow-onset events, and that these events have adverse

effects on the full enjoyment of all human rights;

2. Emphasizes the urgent importance of continuing to address, as they relate to

States’‎ human‎ rights‎ obligations,‎ the‎ adverse‎ consequences‎ of‎ climate‎ change‎ for‎ all,‎

particularly in developing countries and the people whose situation is most vulnerable to

climate change, especially children in a situation of extreme poverty, and deteriorating

livelihood conditions;

3. Calls upon States to continue and enhance international cooperation and

assistance for adaptation measures to help developing countries, especially those that are

particularly vulnerable to the adverse effects of climate change and persons in vulnerable

situations, including children most at risk;

4. Decides to incorporate into its programme of work for the thirty-fourth

session, on the basis of the different elements contained in the present resolution, a panel

discussion‎on‎the‎adverse‎impact‎of‎climate‎change‎on‎States’‎efforts‎to‎‎realize‎the‎rights‎

of the child and related policies, lessons learned and good practices;

5. Requests the Office of the United Nations High Commissioner for Human

Rights, in consultation with and taking into account the views of States, the special

procedures of the Human Rights Council,‎ the‎United‎Nations‎Children’s‎Fund,‎the‎United‎

Nations Environment Programme, the World Health Organization, the World

Meteorological Organization, and other relevant international organizations and

intergovernmental bodies, including the Intergovernmental Panel on Climate Change and

the secretariat of the United Nations Framework Convention on Climate Change, and other

stakeholders, to conduct, from within existing resources, a detailed analytical study on the

relationship between climate change and the full and effective enjoyment of the rights of

the child, to be submitted to the Council prior to its thirty-fifth session and to be further

informed by the panel discussion mandated in paragraph 4 above;

6. Also requests the Office of the High Commissioner to submit to the Human

Rights Council, at its session following the panel discussion, a summary report, including

any recommendations stemming therefrom, for consideration of further follow-up action;

7. Invites special procedure mandate holders, within their respective mandates,

and other relevant stakeholders, including academic experts and civil society organizations,

to contribute actively to the panel discussion;

8. Encourages relevant special procedure mandate holders to continue to

consider the issue of climate change and human rights, including the adverse impact of

climate change on the‎enjoyment‎of‎children’s‎rights,‎within‎their‎respective‎mandates;

9. Calls upon States to consider, among other aspects, human rights within the

framework of the United Nations Framework Convention on Climate Change;

10. Also calls upon States to integrate a gender perspective in pursuing

mitigation and adaptation responses to the adverse impact of climate change on the full and

effective enjoyment of the rights of every boy and girl;

11. Decides to consider the possibility of organizing follow-up events on climate

change and human rights;

12. Requests the Secretary-General and the High Commissioner to provide all the

human and technical assistance necessary for the effective and timely realization of the

above-mentioned panel discussion, the summary report thereon, and the analytical study;

13. Decides to remain seized of the matter.

46th meeting

1 July 2016

[Adopted without a vote.]