States’ Human Rights Obligations in the Context of Climate Change

The report analyzes the increasing engagement of UN human rights treaty bodies (HRTBs) with climate change, noting that in 2022, 52 percent of outputs to States included climate-related recommendations. It highlights a shift toward more specific demands regarding mitigation, the phasing out of fossil fuels, and the protection of vulnerable groups, including children, women, and Indigenous Peoples. A landmark decision by the Human Rights Committee in Billy et al. v. Australia established a State's duty to protect individuals from climate impacts and provide effective remedy. The document argues for further HRTB guidance on extraterritorial obligations and the regulation of private business actors to prevent climate-induced human rights violations.

• Human rights treaty bodies (HRTBs) have significantly increased their focus on climate change, with 95 climate-related references in outputs to States in 2022, compared to 61 in 2019, 54 in 2020, and 69 in 2021.
• The Human Rights Committee (CCPR) issued a groundbreaking decision in Billy et al. v. Australia, marking the first time a human rights treaty body established a State party's duty to protect people under its jurisdiction from climate change impacts and the obligation to provide effective remedy.
• HRTBs are increasingly linking human rights obligations to the necessity of phasing out fossil fuels, noting that such extraction and use are incompatible with the Paris Agreement and human rights duties.
• The Committee on the Rights of the Child (CRC) has emphasized the need for States to ensure the legal accountability of business entities, including those operating extraterritorially, for climate-related harms to children.
• The Committee on the Elimination of Discrimination Against Women (CEDAW) focuses heavily on adaptation and disaster risk reduction, stressing the need for gender-responsive programs and the meaningful participation of women, particularly rural and Indigenous women.
• The Committee on Economic, Social and Cultural Rights (CESCR) has used its State review process to push developed nations to meet their Nationally Determined Contributions (NDCs) and increase climate finance, specifically mentioning the Green Climate Fund.
• The Committee on the Elimination of Racial Discrimination (CERD) has highlighted the disproportionate impact of climate change and industrial pollution on racial and ethnic minorities, specifically citing 'Cancer Alley' in Louisiana, USA.
• The Committee on the Rights of Persons with Disabilities (CRPD) significantly increased its climate-related outputs in 2022, focusing on the inclusiveness of disaster risk reduction and mitigation strategies for persons with disabilities.

APA

Mingrone, F., Vandamme, L., & Duyck, S. (2023). States’ Human Rights Obligations in the Context of Climate Change. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2023/04/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change-2023.pdf

Chicago

Mingrone, Francesca, Lien Vandamme, and Sébastien Duyck. States’ Human Rights Obligations in the Context of Climate Change. Center for International Environmental Law, 2023. https://www.ciel.org/wp-content/uploads/2023/04/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change-2023.pdf.

Wikipedia

{{cite report |last1=Mingrone |first1=Francesca |last2=Vandamme |first2=Lien |last3=Duyck |first3=Sébastien |title=States’ Human Rights Obligations in the Context of Climate Change |publisher=Center for International Environmental Law |date=May 2023 |url=https://www.ciel.org/wp-content/uploads/2023/04/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change-2023.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{mingrone2023states, author = {Mingrone, Francesca and Vandamme, Lien and Duyck, Sébastien}, title = {{States’ Human Rights Obligations in the Context of Climate Change}}, institution = {Center for International Environmental Law}, year = {2023}, month = may, url = {https://www.ciel.org/wp-content/uploads/2023/04/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change-2023.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }