Lesson 8 Flashcards
Resolution 48/13+14
Recognising for first time that having a clean, healthy and sustainable environment is a human right.
Recognizing Special Rapporteur on the promotion and protection of human rights in thecontext of climate change.
= Increased awareness of envirnment’s impact on human rights.
Annalisa Savaresi, ‘The UN HRC recognizes the right to a healthy environment and appoints a new Special Rapporteur on Human Rights and Climate Change. What does it all mean?’ (EJIL: Talk! 12 October 2021) (6 pages).
Link between Children’s Rights and Climate Changes
States can be held responsible for the harm their carbon emissions cause to children worldwide if the emissions can be linked to those harms.
Aoife Nolan, ‘Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina’ (EJIL: Talk! 20 October 2021) (10 pages) https://www.ejiltalk.org/childrens-rights-and-climate-change-at-the-un-committee-on-the-rights-of-the-child-pragmatism-and-principle-in-sacchi-v-argentina/.
The committee findings concerning Argentina case
The Committee found that states can be held responsible for the negative impacts of carbon emissions originating in their territory on children’s rights globally, provided there is a causal link and effective control over emissions sources.
Aoife Nolan, ‘Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina’ (EJIL: Talk! 20 October 2021) (10 pages) https://www.ejiltalk.org/childrens-rights-and-climate-change-at-the-un-committee-on-the-rights-of-the-child-pragmatism-and-principle-in-sacchi-v-argentina/.
Argentina case dismissed
There hadn’t been tried all possible solutions in their home countries before asking the UN for help, which is required.
Aoife Nolan, ‘Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina’ (EJIL: Talk! 20 October 2021) (10 pages) https://www.ejiltalk.org/childrens-rights-and-climate-change-at-the-un-committee-on-the-rights-of-the-child-pragmatism-and-principle-in-sacchi-v-argentina/.
Argentina Case future implications
While the case was dismissed, the Committee’s acknowledgment of climate change as a children’s rights crisis and its jurisdictional findings pave the way for future admissible complaints under international human rights frameworks.
Aoife Nolan, ‘Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina’ (EJIL: Talk! 20 October 2021) (10 pages) https://www.ejiltalk.org/childrens-rights-and-climate-change-at-the-un-committee-on-the-rights-of-the-child-pragmatism-and-principle-in-sacchi-v-argentina/.
Paris Agreement and 1.5 C degrees
- Ga resolution, not binding. Aspirational
- Connected to ICCPR art. 6 (right to life), and others, obligates states to prevent harm from climate changes.
- Exceeding 1.5 °C can lead to violations of fundamental rights, making climate inaction legally.
Maria Liana Vodiţă, ‘The Growing Relevance of the Paris Agreement’s 1.5 °C Temperature Goal in the Light of International Human Rights Law and Climate Change Litigation’ (Opinio Juris, 23 November 2023) (5 pages) https://opiniojuris.org/2023/11/23/the-growing-relevance-of-the-paris-agreements-1-5-c-temperature-goal-in-the-light-of-international-human-rights-law-and-climate-change-litigation/.
Portugese case in climate changes
- Case brought by portugese youth against 33 Council of Europe member states
- Allegation: The applicants argue that these states are failing to sufficiently address climate change, which directly affects their rights under the European Convention on Human Rights (ECHR).
- The applicants request a declaration that the states have violated their ECHR rights by inadequately addressing climate change.
Paul Clark, Gerry Liston and Ioannis Kalpouzos, ‘Climate Change and the European Court of Human Rights: The Portuguese Youth Case’ (EJIL: Talk! 6 October 2020) (5 pages) https://www.ejiltalk.org/climate-change-and-the-european-court-of-human-rights-the-portuguese-youth-case/.
Climate change litigation
Climate change litigation refers to legal actions that raise questions about climate science, policy, or law. These cases are brought before domestic courts, international courts, or other judicial.
Annalisa Savaresi, ‘Climate change litigation: the role of international law’ (SSRN, 2024) (10 pages) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4945532.
Urgenda v. The Netherlands
Urgenda (NGO)
have set a precedent by interpreting domestic legal obligations in light of international climate and human rights agreements (e.g., the Paris Agreement)
Annalisa Savaresi, ‘Climate change litigation: the role of international law’ (SSRN, 2024) (10 pages) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4945532.
Verein KlimaSeniorinnen v. Switzerland
ECtHR became the first
international court to deliver a judgment on a climate change complaint (relation to human rights).
The case acknowledged that climate change poses serious threats to human rights, such as the right to life and the right to private and family life (Article 8 of the European Convention on Human Rights).
Annalisa Savaresi, ‘Climate change litigation: the role of international law’ (SSRN, 2024) (10 pages) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4945532.
Advisory opinios and climate changes
Clarification of Obligations:
Defines states’ duties to protect the climate under treaties (e.g., Paris Agreement, UNFCCC) and customary international law.
Human Rights Link: Emphasizes the duty to protect rights like life, health, and a safe environment for current and future generations.
Non-Binding but Influential: Guides global courts, policymakers, and states on climate obligations and inspires policy reforms.
**Shared Responsibility: **Clarifies how states share responsibility for emissions, balancing historical and differentiated responsibilities.
Urgency of Action: Stresses preventive action to avoid irreversible climate damage, framing it as a legal obligation.
Annalisa Savaresi, ‘Climate change litigation: the role of international law’ (SSRN, 2024) (10 pages) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4945532.
