States’ Human Rights Obligations in the Context of Climate Change

The report synthesizes the work of UN human rights treaty bodies (HRTBs), including the CEDAW, CESCR, and CRC, on climate change. It details how these bodies use state reporting, communications procedures, and general comments to hold States accountable for human rights violations caused by climate change and insufficient mitigation efforts. Key findings emphasize the need for highest-ambition emissions cuts, the phasing out of fossil fuels, and the protection of vulnerable groups, including women, children, and Indigenous Peoples.

• In September 2019, five human rights treaty bodies (CEDAW, CESCR, CRC, CMW, and CRPD) issued a joint statement asserting that States must implement emissions reductions reflecting the "highest possible ambition," which includes phasing out fossil fuels and promoting renewable energy.
• The HRTBs have established that States have a legal obligation to regulate private actors and hold them accountable for climate-related harms occurring both within their own borders and extraterritorially.
• The Committee on the Elimination of Discrimination Against Women (CEDAW) has been the most active HRTB on climate change, with 57 climate-related Concluding Observations and 39 Lists of Issues between 2008 and 2019.
• The Human Rights Committee (CCPR) determined in General Comment No. 36 that climate change and environmental degradation are among the most serious threats to the right to life, creating a "due diligence obligation" for States to take reasonable positive measures against foreseeable threats from private entities.
• In the Teitiota v New Zealand case, the Human Rights Committee accepted that climate change impacts could trigger non-refoulement obligations, meaning States may be prohibited from deporting individuals if climate change exposes them to violations of the right to life.
• The Committee on the Rights of the Child (CRC) emphasizes that children must be at the center of climate discourse and have a legal right to have their views heard and considered in policy-making.
• The Committee on Economic, Social and Cultural Rights (CESCR) has specifically urged States to reduce public and private investments in the fossil fuel industry to ensure compatibility with greenhouse gas emission reductions.
• HRTBs have identified that Small Island Developing States (SIDS) and Least Developed Countries (LDCs) are the most frequent recipients of climate-related recommendations, particularly regarding adaptation and disaster risk reduction.
• The HRTBs argue that failure to prevent foreseeable human rights harm caused by climate change, or a failure to regulate activities contributing to that harm, may constitute a violation of a State's human rights obligations.

APA

Mckernan, L., Arena, C., & Duyck, S. (2020). States’ Human Rights Obligations in the Context of Climate Change. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2020/03/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change_2020-Update.pdf

Chicago

Mckernan, Lucy, Chiara Arena, and Sébastien Duyck. States’ Human Rights Obligations in the Context of Climate Change. Center for International Environmental Law, 2020. https://www.ciel.org/wp-content/uploads/2020/03/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change_2020-Update.pdf.

Wikipedia

{{cite report |last1=Mckernan |first1=Lucy |last2=Arena |first2=Chiara |last3=Duyck |first3=Sébastien |title=States’ Human Rights Obligations in the Context of Climate Change |publisher=Center for International Environmental Law |date=March 2020 |url=https://www.ciel.org/wp-content/uploads/2020/03/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change_2020-Update.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{mckernan2020states, author = {Mckernan, Lucy and Arena, Chiara and Duyck, Sébastien}, title = {{States’ Human Rights Obligations in the Context of Climate Change}}, institution = {Center for International Environmental Law}, year = {2020}, month = mar, url = {https://www.ciel.org/wp-content/uploads/2020/03/States-Human-Rights-Obligations-in-the-Context-of-Climate-Change_2020-Update.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }