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Promotion and protection of human rights in the context of mitigation, adaptation, and financial actions to address climate change, with particular emphasis on loss and damage

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This submission by Amnesty International and the Center for International Environmental Law (CIEL) to the Special Rapporteur on the promotion and protection of human rights in the context of climate change argues that States have a legal obligation to protect human rights from climate-induced loss and damage (L&D). The document advocates for a human rights-based approach to L&D, including the establishment of a dedicated Loss and Damage Finance Facility, the implementation of inclusive needs assessments, and the recognition of the collective responsibility of wealthy States to provide remedy and compensation to affected people in developing countries.

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  • Climate-induced loss and damage (L&D) is already harming fundamental human rights, including the rights to life, health, food, adequate housing, education, work, culture, and self-determination, particularly for marginalized groups and those facing intersecting discrimination.
  • Specific examples of L&D include the 2022 floods in South Africa's KwaZulu-Natal province, which caused 461 deaths and destroyed 8,584 houses, and 2022 heatwaves in India and Pakistan exceeding 50°C, which disproportionately affected women and day-wage workers.
  • Indigenous Peoples in the Arctic and those in low-lying islands face irreversible losses to their culture, traditional livelihoods (such as reindeer herding), and territories, threatening their right to self-determination.
  • Under international human rights law, States that failed to limit emissions or support adaptation are collectively responsible for L&D violations. Wealthy countries are obligated to provide financial means, technical support, and compensation to people in developing countries.
  • The authors propose a human rights-compliant approach to L&D that includes inclusive and participatory Loss and Damage Needs Assessments (LDNAs), gender-responsive social protection schemes, and mechanisms to protect the rights of climate-induced displaced persons.
  • The document calls for the establishment of a Loss and Damage Finance Facility (LDFF) by COP27, to be operational by COP29, funded by countries with historic responsibility and innovative sources like a Climate Damages Tax or levies on international shipping and air travel.
  • The submission highlights the need for the Santiago Network (SNLD) to be operationalized with explicit human rights and Indigenous Peoples' rights principles, and for the Glasgow Dialogue to result in additional support for the most impacted people.

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APA
Center for International Environmental Law (2022). Promotion and protection of human rights in the context of mitigation, adaptation, and financial actions to address climate change, with particular emphasis on loss and damage. https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-and-CIEL-Submission-to-SR-HRCC-on-LD-June-2022.pdf
Chicago
Center for International Environmental Law. Promotion and protection of human rights in the context of mitigation, adaptation, and financial actions to address climate change, with particular emphasis on loss and damage. 2022. https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-and-CIEL-Submission-to-SR-HRCC-on-LD-June-2022.pdf.
Wikipedia
{{cite report |author=Center for International Environmental Law |title=Promotion and protection of human rights in the context of mitigation, adaptation, and financial actions to address climate change, with particular emphasis on loss and damage |date=June 2022 |url=https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-and-CIEL-Submission-to-SR-HRCC-on-LD-June-2022.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{centerforinternationalenvironmentallaw2022promotion, author = {{Center for International Environmental Law}}, title = {{Promotion and protection of human rights in the context of mitigation, adaptation, and financial actions to address climate change, with particular emphasis on loss and damage}}, institution = {Center for International Environmental Law}, year = {2022}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-and-CIEL-Submission-to-SR-HRCC-on-LD-June-2022.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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