Climate-related human rights harm and the right to effective remedy

This submission by Amnesty International and the Center for International Environmental Law (CIEL) argues that climate change causes widespread human rights violations and that affected individuals and communities are entitled to effective remedies and reparations under international law. The document critiques current UNFCCC mechanisms for being voluntary and excluding compensation, while proposing human rights- and equity-based frameworks for addressing loss and damage.

• Climate change at an average warming of 1.1°C threatens numerous human rights, including the rights to life, health, food, water, sanitation, education, and self-determination. These impacts are felt through extreme weather, slow-onset events, and the production and burning of fossil fuels, which are identified as the "main source of greenhouse gas emissions".
• Climate impacts disproportionately affect marginalized groups, including women, Indigenous Peoples, persons living with disabilities, and LGBTQI+ individuals. For example, over 60% of employed women in South Asia and Sub-Saharan Africa work in agriculture, making them particularly vulnerable to climate-related disruptions in that sector.
• Under international human rights law, the right to remedy for climate harm must include substantive redress, which the document categorizes into five types: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. The authors argue that providing remedy inevitably requires increased mitigation ambition, specifically a commitment to "fully and equitably phase out fossil fuels".
• The authors contend that high-income States with large cumulative emissions bear the primary responsibility for climate damages. They note that 'Annex I' States under the UNFCCC are responsible for 90% of the national overshoot of fair shares regarding the 350 ppm planetary boundary.
• The Loss and Damage Fund established at COP27 and operationalized at COP28 is criticized for being unfit to fulfill the obligation to provide effective remedy. The document cites its reliance on voluntary contributions, the lack of explicit human rights references in its Governing Instrument, and the explicit exclusion of liability or compensation.
• The document suggests that climate reparations should be funded through the 'polluter pays principle' using innovative sources of finance. Proposed mechanisms include windfall taxes on fossil fuel companies, a 'Climate Damages Tax', and international levies on private jets, commercial air passenger travel, and international shipping emissions.
• The authors argue that climate finance for loss and damage should be grants-based and public rather than loan-based. They state that loans are "ill-designed to address irreversible losses" because the funds are not invested in ways that generate income to enable repayment, further indebting the Global South.

APA

Center for International Environmental Law (n.d.). Climate-related human rights harm and the right to effective remedy. https://www.ciel.org/wp-content/uploads/2024/04/CIEL_Amnesty-International_Submission_UNSG-report-on-Loss-and-Damage_March-2024.pdf

Chicago

Center for International Environmental Law. Climate-related human rights harm and the right to effective remedy. n.d. https://www.ciel.org/wp-content/uploads/2024/04/CIEL_Amnesty-International_Submission_UNSG-report-on-Loss-and-Damage_March-2024.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Climate-related human rights harm and the right to effective remedy |url=https://www.ciel.org/wp-content/uploads/2024/04/CIEL_Amnesty-International_Submission_UNSG-report-on-Loss-and-Damage_March-2024.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndclimaterelated, author = {{Center for International Environmental Law}}, title = {{Climate-related human rights harm and the right to effective remedy}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2024/04/CIEL_Amnesty-International_Submission_UNSG-report-on-Loss-and-Damage_March-2024.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }