VI. Climate Change and Human Rights

VI. Climate Change and Human Rights

Since the Intergovernmental Panel on Climate Change (IPCC) published the Fifth Assessment Report and the Special Report on Global Warming of 1.5°C, findings which have been widely adopted by the international community and used as the scientific basis for formulating international climate change policies, the Paris Agreement quickly took effect, representing the world’s determination to work together to confront and respond to the challenges of climate change. When the Paris Agreement was adopted, the Office of the United Nations High Commissioner for Human Rights (OHCHR) also submitted a report to the 21st Conference of the Parties (COP 21) of the UNFCCC in 2015. The report delivered Ten Key Messages on Human Rights and Climate Change, that highlight on the responsibilities and obligations of countries and duty-bearers, and became an important basis for the Paris Agreement and for Parties to incorporate human rights into climate actions. The Ten Key Messages are: (1)To mitigate climate change and to prevent its negative human rights impacts, (2) to ensure that all persons have the necessary capacity to adapt to climate change, (3) to ensure accountability and effective remedies for human rights harms caused by climate change, (4) to mobilize maximum available resources for sustainable, human rights-based development, (5) international cooperation, (6) to ensure equity in climate action, (7) to guarantee that everyone enjoys the benefits of science and its applications, (8) to protect human rights from business harms, (9) to guarantee equality and non-discrimination, and (10) to ensure meaningful and informed participation.

Under the UNFCCC, the Paris Agreement is the first international environmental agreement that recognizes the linkages between climate change and human rights, and expressly incorporates the connection between climate change and human rights and the balance among all Parties in the preamble:

“Acknowledging that climate change is a common concern of humankind, Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.”

After the fifth anniversary of the Paris Agreement, the OHCHR published Fact Sheet No. 38 in 2021, reiterating the importance of the Ten Key Messages as the core obligations of national climate actions, as well as the need for a human rights-based approach to climate policy and development. On Earth Day 2021, Taiwan also announced to reach net-zero