States’ Human Rights Obligations in the Context of Climate Change

The report examines the increasing integration of climate change into the monitoring work of UN Human Rights Treaty Bodies, highlighting a rise in climate-related recommendations to States in 2023. It specifically analyzes the role of these bodies in addressing fossil fuel phase-outs, the right to a healthy environment, loss and damage, and the rights of future generations, while identifying gaps in the scrutiny of carbon markets and international climate finance.

• There is a steady increase in the number of HRTB outputs addressing climate change, with 112 references in 2023 (46.5% of total outputs), compared to 61 in 2019, 54 in 2020, 69 in 2021, and 95 in 2022.
• The Committee on the Rights of the Child (CRC) finalized General Comment No. 26 (2023), which establishes that the right to a clean, healthy, and sustainable environment is implicit in the Convention and encompasses elements such as clean air, a safe and stable climate, and non-toxic environments.
• HRTBs are increasingly linking human rights obligations to the phase-out of fossil fuels, with 26 outputs mentioning fossil fuels in 2023. The report notes that the main path for States to remain human rights compliant is the rapid phase-out of these fuels.
• The Committee on the Elimination of Discrimination Against Women (CEDAW) has been the most active in addressing climate finance and loss and damage, urging States to support the Loss and Damage Fund established at COP27.
• The report identifies a significant gap in HRTB engagement regarding carbon markets and offsets, noting that these mechanisms often lead to land grabs and a lack of free, prior, and informed consent (FPIC) for Indigenous Peoples.
• The principle of intergenerational equity is gaining traction, with the CRC and other bodies arguing that States are responsible for foreseeable environment-related threats that may only manifest for future generations.
• The report highlights the need for States to regulate the extraterritorial impacts of private corporations, particularly those in the fossil fuel industry, to protect human rights abroad.

APA

Mingrone, F., & Monagas, M. B. R. (2024). States’ Human Rights Obligations in the Context of Climate Change. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2024/08/HRTB-Synthesis-Note-2024_CIEL_GIESCR.pdf

Chicago

Mingrone, Francesca, and Magdalena Belén Rochi Monagas. States’ Human Rights Obligations in the Context of Climate Change. Center for International Environmental Law, 2024. https://www.ciel.org/wp-content/uploads/2024/08/HRTB-Synthesis-Note-2024_CIEL_GIESCR.pdf.

Wikipedia

{{cite report |last1=Mingrone |first1=Francesca |last2=Monagas |first2=Magdalena Belén Rochi |title=States’ Human Rights Obligations in the Context of Climate Change |publisher=Center for International Environmental Law |date=August 2024 |url=https://www.ciel.org/wp-content/uploads/2024/08/HRTB-Synthesis-Note-2024_CIEL_GIESCR.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{mingrone2024states, author = {Mingrone, Francesca and Monagas, Magdalena Belén Rochi}, title = {{States’ Human Rights Obligations in the Context of Climate Change}}, institution = {Center for International Environmental Law}, year = {2024}, month = aug, url = {https://www.ciel.org/wp-content/uploads/2024/08/HRTB-Synthesis-Note-2024_CIEL_GIESCR.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }