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ANALYSIS OF HUMAN RIGHTS LANGUAGE IN THE CANCUN AGREEMENTS (UNFCCC 16TH SESSION OF THE CONFERENCE OF THE PARTIES)

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This research paper by the Center for International Environmental Law analyzes the inclusion of human rights language in the Cancun Agreements, specifically the Cancun LCA Outcome adopted at the UNFCCC 16th Conference of the Parties (COP) in December 2010. The author argues that while the agreements represent a significant step forward in recognizing the human rights implications of climate change and the obligations of State Parties, the language has not yet been fully operationalized and lacks explicit references to the obligations to "protect, promote and fulfill" human rights.

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  • The Cancun LCA Outcome contains the first recognition of the human rights impacts of climate change in an international climate agreement. It references United Nations Human Rights Council Resolution 10/4, acknowledging that climate change's adverse effects have direct and indirect implications for human rights, which are felt most severely by populations already vulnerable due to disability, age, gender, minority or indigenous status, and geography.
  • The agreements establish a baseline for human rights protections by stating that Parties to the UNFCCC should fully respect human rights in all actions related to climate change. However, the author notes a deficiency in the text because it does not explicitly acknowledge the broader obligations of Parties to "protect, promote and fulfill" these rights.
  • The Cancun LCA Outcome addresses participatory rights in its 'adaptation framework' and 'shared vision for long-term cooperative action,' emphasizing the need for gender equality and the participation of indigenous peoples, women, and various stakeholders. The author critiques this language for failing to explicitly guarantee procedural rights, such as access to justice, access to information, and full and effective participation.
  • Specific human rights safeguards were established for activities reducing emissions from deforestation and forest degradation (REDD) in developing countries. These safeguards include respect for the rights and knowledge of local communities and indigenous peoples, as well as the full and effective participation of relevant stakeholders. Developing country Parties are required to provide information on how these safeguards are respected.
  • The agreements mandate the creation of safeguards for the Green Climate Fund and the consideration of human rights impacts regarding response measures to mitigate climate change. The latter includes a requirement to consider evidence of actual impacts and information from affected parties, potentially allowing for a future complaints mechanism.

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APA
Center for International Environmental Law (2011). ANALYSIS OF HUMAN RIGHTS LANGUAGE IN THE CANCUN AGREEMENTS (UNFCCC 16TH SESSION OF THE CONFERENCE OF THE PARTIES). https://www.ciel.org/Publications/HR_Language_COP16_Mar11.pdf
Chicago
Center for International Environmental Law. ANALYSIS OF HUMAN RIGHTS LANGUAGE IN THE CANCUN AGREEMENTS (UNFCCC 16TH SESSION OF THE CONFERENCE OF THE PARTIES). 2011. https://www.ciel.org/Publications/HR_Language_COP16_Mar11.pdf.
Wikipedia
{{cite report |author=Center for International Environmental Law |title=ANALYSIS OF HUMAN RIGHTS LANGUAGE IN THE CANCUN AGREEMENTS (UNFCCC 16TH SESSION OF THE CONFERENCE OF THE PARTIES) |date=14 March 2011 |url=https://www.ciel.org/Publications/HR_Language_COP16_Mar11.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{centerforinternationalenvironmentallaw2011analysis, author = {{Center for International Environmental Law}}, title = {{ANALYSIS OF HUMAN RIGHTS LANGUAGE IN THE CANCUN AGREEMENTS (UNFCCC 16TH SESSION OF THE CONFERENCE OF THE PARTIES)}}, institution = {Center for International Environmental Law}, year = {2011}, month = mar, url = {https://www.ciel.org/Publications/HR_Language_COP16_Mar11.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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