Human Rights, Climate Change, and the Role of Geneva - Geneva Environment Network

Human Rights, Climate Change, and the Role of Geneva - Geneva Environment Network

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Human Rights, Climate Change, and the Role of Geneva

Last updated: 09 May 2024

Climate change is one of the greatest existential threats for people and the planet. Its harmful effects undermine the full enjoyment and realization of all human rights, posing a serious risk to the fundamental rights to life, health, food and an adequate standard of living of individuals and communities across the world and disproportionately affecting those who are already in situations of vulnerability. This page highlights the role stakeholders from International Geneva as a global hub for environmental governance play in advancing a human rights-based approach in climate action.

Human Rights-based Approach in Climate Action

The science is clear: climate change poses an existential threat to the people and the planet. From rising sea levels, floods, heat waves, droughts, desertification, water shortages, and the spread of tropical and vector-borne diseases, the intensification of climate change-related extreme and slow-onset events constitutes one of the greatest threats to human rights. These undermine the full enjoyment and realization of a range of human rights by people throughout the world, including the rights to life, safe drinking water and sanitation, food, health, housing, self-determination, culture, work, and development, and a clean, healthy and sustainable environment.

As the Intergovernmental Panel on Climate Change(IPCC) has warned in its Sixth Assessment Report, an increase above 1.5°C compared to pre-industrial levels in global average temperatures would lead to ecosystem collapse and jeopardize the livelihoods of millions of people, especially affecting disproportionately those who are already in situations of vulnerability.

Effectively addressing climate harm requires States to take meaningful measures to stop greenhouse gas emissions, tackle the impacts of climate change, and address related losses and damages, in a way that is grounded in human rights and takes into account intersecting forms of discrimination and marginalization. Moreover, ensuring the safe and meaningful participation of affected communities, civil society, and Indigenous Peoples in relevant policy spaces is essential to achieve ambitious and equitable climate action, building toward having access to effective remedies and means of adaptation to enjoy lives of human dignity.

A global crisis requires a global rights-based response. As such, it is critical to apply a human rights-based approach, where global policies and measures designed to address climate change are guided by principles and standards derived from international human rights law – especially the Universal Declaration of Human Rights and the core universal human rights treaties.

The various human rights mechanisms and instruments present in Geneva, such as the Human Rights Council, Special Procedures, and Human Rights Treaty Bodies, play an increasingly pivotal role in addressing the human rights impacts of climate change — such as how the Human Rights Council took on resolutions and discussions on specific aspects of climate change, while Special Rapporteurs contributed with reports on specific thematic angles within their mandates. Not only do they identify the rights and the specific groups affected by climate change, they also help clarify the relevant obligations of States to advance human rights while addressing the triple planetary crisis.

Human Rights Treaty Bodies

The human rights treaty bodies are committees of independent experts that monitor implementation of the core international human rights treaties. The treaty bodies have addressed climate change and human rights in a number of statements, decisions, concluding observations, General Comments and General Recommendations. This body of work provides guidelines for the interpretation and application of State party obligations deriving from the respective Covenants and Conventions in relation to climate action and constitutes part of the evolving international human rights law framework that is increasingly addressing climate change.

Committee on the Rights of Child

The Committee on the Rights of the Child — a body of 18 independent experts that monitors the implementation of the Convention on the Rights of the Child by its State parties — published General comment No. 26 (2023) on children’s rights and the environment with a special focus on climate change, which is part of a series of recommendations by the Commuttee on any issue relating to children to which it believes the State parties should devote more attention.

The General comment emphasizes the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights, and clarifies the obligations of States to address environmental harm and climate change. The Committee also explains how children’s rights under the Convention on the Rights of the Child apply to environmental protection, and confirms that children have a right to a clean, healthy and sustainable environment.

Universal Periodic Review

The Universal Periodic Review(UPR) of the Human Rights Council involves a periodic review of the human rights records of all 193 United Nations Member States. The UPR is increasingly addressing the links between climate change and human rights. Between 2008 and 2018, States made 114 recommendations explicitly addressing climate change. A larger number of recommendations were made on matters related to climate change, such as disaster risks reductions and displacement.

Human Rights Council

The Human Rights Council (HRC) has contributed to raising awareness of the links between human rights and climate change by successive and targeted clarifications of the ways climate change affects human rights, including through the adoption of a series of resolutions related to climate change and human rights, including the establishment of the mandate of a Special Rapporteur on the promotion and protection of human rights in the context of climate change through the adoption of resolution 48/14(2021).

Special Procedures of the Human Rights Council

The special procedures of the Human Rights Council undertake country visits; act on individual cases and concerns of a broader, structural nature by sending communications to States and others in which they bring alleged violations or abuses to their attention; conduct thematic studies and convene expert consultations, contribute to the development of international human rights standards, engage in advocacy, raise public awareness, and provide advice for technical cooperation. Since 2008, the Special Procedures mechanisms have been actively involved in addressing the human rights impacts of climate change.

UN Special Rapporteur on human rights and climate change

At its 48th session in October 2021, the Human Rights Council has established the mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change to specifically study and identify how the adverse effects of climate change, affect the full and effective enjoyment of human rights. The Special Rapporteur is also mandated to:

- Identify existing challenges, including financial challenges, of States’ efforts
- Synthesize knowledge, including indigenous and local traditional knowledge, and identify good practices, strategies and policies
- Promote and exchange views on lessons learned and best practices
- Raise awareness on the human rights affected by climate change, especially of persons living in developing countries particularly vulnerable
- Facilitate and contribute to the exchange of technical assistance, capacity-building and international cooperation in support of national efforts
- Integrate a gender-responsive, age-sensitive, disability inclusive and social-inclusion perspective
- Work closely with States and relevant stakeholders, including business enterprises to adopt a human rights perspective

History of the mandate

In 2010, an alliance of civil society organizations has called upon the Human Rights Council to establish a mandate for a new UN Special Rapporteur on human rights and climate change in order to better protect the rights of those on the frontlines of climate impacts. This call was reiterated by the Climate Vulnerable Forum– an alliance of States highly impacted by climate change – at the 2019 Conference of Parties (COP) under the UN Framework Convention on Climate Change (UNFCCC), and in many other contexts by various groups of States and civil society organizations.

In 2020, the Center for International Environmental Law (CIEL) and Franciscans International, in cooperation with the Friedrich-Ebert-Stiftung (FES) Geneva Office, launched a series of activities to assess how a new UN Special Rapporteur mandated on human rights and climate change could effectively support the work of civil society and Indigenous Peoples organizations already working on these issues. Based on regional consultations around the world, they published a report highlighting key recommendations for the institutions of the mandate.

The call for a mandate on human rights and climate change was reiterated at the 46th session of the Council by a coalition of 55 states in a joint statement. The Geneva Interfaith Forum on Climate Change, Environment, and Human Rights – a group of faith-based organizations that gather to reaffirm the responsibility of each faith and spiritual tradition to care for the environment – also presented a statement in support of the mandate.

Thanks to the tireless efforts of the core group behind resolution 47/24, the possibility of creating a new special procedure addressing the adverse impact of climate change was placed on the agenda of the 48th session of the Human Rights Council, and was adopted with 42 votes in favor, 1 against and 4 abstentions. At its 49th session, the Council has appointed Ian Fry (Tuvalu) as the first mandate holder for this newly established procedure for a period of three years.

→ Read the press release from the core group after the adoption. Revisit the HRC48 side event that discussed the relevance and importance of establishing the mandate of the Special Rapporteur.

Office of the UN High Commissioner for Human Rights

As the leading UN entity on human rights, the Office of the UN High Commissioner for Human Rights(OHCHR, UN Human Rights) aims to provide guidance that encourages policy coherence and ensures that climate change mitigation and adaptation efforts are adequate, sufficiently ambitious, non-discriminatory and compliant with human rights obligations.

Guided by principles and standards derived from international human rights law, especially the Universal Declaration of Human Rights and the core universal human rights treaties, as well as the 2030 Agenda and the Paris Agreement on climate change, UN Human Rights aim to to help States, businesses and other duty-bearers meet this expectation. OHCHR has published Key Messages on Human Rights and Climate Change outlining key human rights obligations in the context of climate change.

Since 2015, OHCHR has also organized annual Human Rights Council (HRC) panel discussion on climate change, covering diverse subjects such as climate change and the rights of the child; human rights, climate change and human mobility; climate change and the effective enjoyment of the right to health; gender-responsive climate action; and the impacts of climate change on the rights of persons with disabilities. The Office has also produced analytical studies on all these subjects.

A comprehensive overview of references to climate change made by special procedures, treaty bodies (including concluding observations) and the UPR (including the recommendations in the reports from the working groups) can be found by searching the Universal Human Rights Index.

Integrating Human Rights and Climate Change in International Processes

The recognition of the adverse effects of climate change on the full enjoyment of human rights have also been increasingly recognized in various international and regional processes.

UN Framework Convention on Climate Change

International and Regional Climate Advisory Opinion Processes

ongoing climate advisory opinion processes before the International Court of Justice, the International Tribunal of the Law of the Sea and the Interamerican Court of Human Rights.

International Court of Justice

International Tribunal of the Law of the Sea

European Court of Human Rights

The European Court of Human Rights delivered a landmark ruling in one of the three cases concerning climate change, on 9 April 2024. The top human rights court in Europe considered that in the case Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, the Swiss authorities are not taking sufficient action, despite their duties under the European Convention of Human Rights, to mitigate the effects of climate change. The case, concerning a complaint by four women and a Swiss association, was judged to have found a violation of Article 8 (right to respect for private and family life) and of Article 6 § 1 (access to court) of the Convention. The landmark case is expected to bolster climate litigation not only in the region but globally, as the ruling clarifies that States have the responsibility to combat climate change to protect human rights. → Read more on the decision.

Interamerican Court of Human Rights

Role of Geneva

Center for International Environmental Law (CIEL)

CIEL is committed to applying a human rights-based approach as a means to protect the peoples and communities on the frontline of climate change. In doing so, it works to design and integrate policies to safeguard rights and ecosystems and to ensure effective public participation within key climate institutions and mechanisms. CIEL also provide support and build the capacity of peoples and communities adversely affected by climate impacts and climate policies to support their direct participation in those decisions that affect their lives and livelihoods, including working with partners to develop new legal strategies to hold corporations accountable and accelerate the transition away from fossil fuels. With the Global Initiative for Economic, Social, and Cultural Rights, CIEL published “ States’ Human Rights Obligations in the Context of Climate: Guidance Provided by the UN Human Rights Treaty Bodies“.

Earthjustice

Earthjustice works with partners to end the use of fossil fuels and bring about a swift and just transition to zero carbon emissions and 100% clean energy.

Global Alliance of National Human Rights Institutes (GANHRI)

Representing more than 110 national human rights institutes (NHRI), their members and staff across all regions, GANHRI is one of the largest human rights networks worldwide.

Geneva Climate Change Consultation Group (GeCCo)

GeCCco gathers civil society organizations working in Geneva to bring forward the human rights issues raised by climate change and to introduce these climate change issues in the work of the Geneva-based UN Human Rights Bodies. The GeCCco also keeps a close eye on the UNFCCC processes thanks to the NGO Working Group on Human Rights and Climate Change, the oldest and main coalition on this matter, to which a number of the participating organizations are also members.

Geneva Interfaith Forum on Climate Change, Environment and Human Rights (GIF)

From its inception in 2008, the Geneva Interfaith Forum on Climate Change, Environment and Human Rights (GIF) has addressed climate change within a holistic perspective, recognising its environmental, developmental, political, economic, social and cultural implications. Furthermore, from a spiritual and ethical perspective the GIF advocates for climate justice to be central to human rights and climate change discussions.

Geneva Pledge on Human Rights and Climate Action

The Geneva Pledge on Human Rights and Climate Action is a voluntary initiative undertaken by countries to facilitate the sharing of best practice and knowledge between human rights and climate experts at a national level. In recognizing the injustice faced by the poorest and most vulnerable people who are disproportionately affected by the impacts of climate change, this diverse group of countries pledge to enable meaningful collaboration between national representatives in UNFCCC and the processes of the Human Rights Council. The practical and constructive initiative will help countries to better design climate action that is good for people as well as the planet.

Intergovernmental Panel on Climate Change (IPCC)

The IPCC was set up to provide an objective source of scientific information. In 2013, the IPCC provided more clarity about the role of human activities in climate change when it released its Fifth Assessment Report. It is categorical in its conclusion: climate change is real and human activities are the main cause. Its Sixth Assessment Report recognizes the magnitude of recent changes in the overall climate system and serves as a “dire warning about the consequences of inaction”, including violations of human rights.

International Committee of the Red Cross (ICRC)

The ICRC works to adapt its response to support populations coping with the dual shocks of climate risks and conflicts, also addressing the human rights violations brought by these crises. In 2020, the ICRC also released the report “ When rain turns to dust” illustrating how countries mired in conflict are disproportionately impacted by climate variability and extremes, due to the limited adaptive capacity of people, systems, and institutions already coping with the consequences of conflicts.

Guided by an Advisory Committee of experts and stakeholders, the ICRC and IFRC led the development of a climate and environment charter for humanitarian organizations, sending a clear signal that humanitarian organizations have a key role to play in addressing these crises.

International Federation of Red Cross and Red Crescent Societies (IFRC)

The IFRC held its first-ever virtual climate summit, Climate: Red, on 9-10 September 2020. It brought together members, staff, youth activists, government officials, experts, and indigenous leaders from around the world to discuss how to tackle the climate emergency. Together with the ICRC, the IFRC has also led the development of a Climate and Environment Charter for Humanitarian Organizations to guide the sector as it responds to these crises and to rally collective action.

International Labour Organization (ILO)

Spearheaded by the ILO it launched the Climate Action for Jobs Initiative by United Nations Secretary-General António Guterres. The initiative brings together governments, workers’ and employers’ organizations, international institutions, academia and civil society to place jobs at the heart of ambitious climate action and to promote a just transition.

International Organization for Migration (IOM)

Since 2007, IOM has been working on migration, environment and climate change. Since 2015, it hosts a dedicated Migration, Environment and Climate Change Division(MECC) that addresses the migration, environment and climate nexus. Through it, IOM oversees, supports and coordinates the development of policy guidance for activities with a migration, environment and climate change dimension. IOM established the E nvironmental Migration Portal: Knowledge Platform on People on the Move in a Changing Climate in 2015. The Portal provides up-to-date information on key policy processes and developments, capacity building efforts, research and publications, and operational projects addressing the migration, environment and climate change nexus. The Portal highlights IOM’s efforts, including with partners, as we work together towards addressing one of the biggest challenges of our times, migration in the context of environmental and climate change.

International Union for Conservation of Nature (IUCN)

The IUCN assesses the impacts of climate change on species and ecosystems. Through its work on ecosystem-based mitigation, adaptation and disaster risk reduction, it also highlights the important role of nature-based solutions to climate change. It also works to ensure that climate policy and action are gender-responsive, socially inclusive and take into account to the needs of the most vulnerable.

Office of the United Nations High Commissioner on Human Rights (OHCHR)

As climate change threatens the effective enjoyment of a range of human rights, the OHCHR aims to ensure that environmental and climate policies and plans are implemented in accordance with international human rights standards. To help States, businesses and other duty-bearers meet this expectation, OHCHR’s Key Messages on Human Rights and Climate Change, outline key human rights obligations in the context of climate change. Since 2015, OHCHR has also organized annual Human Rights Council (HRC) panel discussions and produced analytical studies on various subjects on climate change and human rights.

Partnership for Environment and Disaster Risk Reduction (PEDRR)

PEDRR is a global partnership of 24 organizations that promotes ecosystem management as a key strategy to enable vulnerable communities and countries to reduce disaster risk and build resilience to disasters and climate change.

Platform on Disaster Replacement

Climate refugees are on the increase and the Platform on Disaster Displacement is a State-led initiative that aims to follow up on the work started by the Nansen Initiative and to implement the Nansen Initiative – Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change, endorsed by more than 100 States in October 2015.

United Nations Office for Disaster Risk Reduction (UNDRR)

UNDRR oversees the implementation of the Sendai Framework for Disaster Risk Reduction 2015-2030, supporting countries in its implementation, monitoring and sharing what works in reducing existing risk and preventing the creation of new risk. As climate-related risks are increasingly affecting people around the world, UNDRR is also actively promoting climate adaptation to reduce these risks.

United Nations Economic Commission for Europe (UNECE) Aarhus Convention

The UNECE region is a major source of greenhouse gas emissions, responsible for 34% of the world’s CO2 emissions from fossil fuel combustion. The people of the region are increasingly feeling the impacts of climate change – from wildfires to flooding, heatwaves and drought. Through its norms, standards, conventions and policy assistance, UNECE provides key tools supporting countries in their climate change mitigation and adaptation efforts.

United Nations Environment Programme (UNEP)

The work of UNEP on climate action cuts across the fields of science, policy, technology and finance. It empowers countries to pursue low-emission development and boost their capacity to adapt and be resilient to climate heating. UNEP is also working to implement the Paris Agreement and its contributions include bringing science to policymakers, playing a leading role in transformative global partnerships, and helping dozens of countries develop national plans to cut greenhouse gas emissions. In addition, UNEP equips countries to seize new investment opportunities that reduce greenhouse gas emissions from deforestation and forest degradation and supports the development of new finance models to accelerate the transition to a green economy. Through the Climate Finance Unit, UNEP also focuses on supporting developing countries to access climate finance (directly and through accredited entities) from the Green Climate Fund (GCF), the Global Environment Facility (GEF), and the Adaptation Fund (AF) as well as through other bilateral or multilateral public sources.

United Nations High Commissioner for Refugees (UNHCR)

Refugees, internally displaced and stateless people are on the frontlines of the climate crisis. UNHCR is working to protect them and strengthen their resilience to its current and future impacts, while also reducing our own environmental footprint.

Building on their Strategic Framework for Climate Action, their Strategic Plan for Climate Action 2024-2030 details a global roadmap for prioritized action in support of governments and in collaboration with a wide range of partners to realize the ambitious goal of protecting increasing numbers of forcibly displaced and stateless people fleeing from climate-fueled crises and/or living in climate-vulnerable countries, helping them find solutions and make resilient to the impacts of climate change, towards the means to live self-sufficient lives.

United Nations Human Rights Council

The UN Human Rights Council(HRC) has contributed to raising awareness of the links between human rights and climate change by successive and targeted clarifications of the ways climate change affects human rights, including through the adoption of a series of resolutions related to climate change and human rights, including the establishment of the mandate of a Special Rapporteur on the promotion and protection of human rights in the context of climate change through the adoption of resolution 48/14(2021).

United Nations Special Rapporteur on human rights and climate change

At its 48th session in October 2021, the Human Rights Council has established the mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change to specifically study and identify how the adverse effects of climate change, affect the full and effective enjoyment of human rights.

World Health Organization (WHO)

The WHO indicates that the world population is encountering unfamiliar human-induced changes in the lower and middle atmospheres and world-wide depletion of various other natural systems. Beyond the early recognition that such changes would affect economic activities, infrastructure and managed ecosystems, there is now recognition that global climate change poses risks to human population health. Climate change is emerging as a major theme in population health research, social policy development, and advocacy. Consideration of global climatic-environmental hazards to human health will become a central role in the sustainability transition debate. To amplify WHO’s climate and health messaging and addressing the climate crisis as an health crisis, WHO appointed in June 2023 Dr Vanessa Kerry as the first-ever Director-General Special Envoy for Climate Change and Health.

WWF

WWF works to tackle the climate crisis in a variety of ways. From encouraging governments to implement more ambitious climate policies, to supporting the shift to renewable energy, to working with cities, businesses and communities to create a climate-resilient, net-zero future. WWF’s goal is to adaptively halve greenhouse gas emissions through a stark reduction in energy demand, an increase of at least 40% of non-hydro renewable energy in electricity mix and the implementation of nature-based solutions at scale which ensure people and nature resilience to climate change. In June 2023, WWF adopted its climate action plan “ Climate action right now: Everyone, everywhere, all at once” enshrining its expectations for COP28 and achieving the goals set by the Paris Agreement.

Photo Credit

© Eugene Sibomana, UNHCR