Presentation on Climate Change and Human Rights (used for academic, NGO and corporate audience)

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Climate Change and Human Rights
Maastricht University, 8 February 2012
Jan van de Venis
Chair, Stand Up For Your Rights (.org en info@)
Attorney-at-law, JustLaw - Corporate Law and Human Rights
Jan@JustLaw.nl

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Outcome of Durban: "Climate Apartheid"?
Biggest polluters to reach agreement by 2015, setting stage
for renewed discord between rich and poor countries.
Drafting a “protocol, legal instrument or an agreed outcome
with legal force” to take effect by 2020.
Durban Outcomes
2012: Negotiators meet in Qatar to start drafting new treaty.
2013: Remaining Kyoto Protocol countries start a second
commitment period.
2015: A new emissions pact should be finished.
2020: The new pact would take effect.

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Art. 1 UDHR
“All human beings are born free and equal
in dignity and rights.
They are endowed with
reason and conscience
and should act towards one another
in a spirit of brotherhood.”

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Humans and Climate Change
Impacts:
• Extreme weather
• Salinisation, loss of land
• Less water from glacial melt
• Nature under much pressure→ 1.5 planets→ less flexible
• Water and Food resources
• Acidification oceans
• Diseases
• Especially Developing Nations

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Causes Climate Change
• Predominantly CO2 from burning fossil fuels.
• Also other GHGs such as methane (stockbreeding).
• Also CO2 and GHGs from other human activities / cause:
burning forests, permafrost and peat land (oil palm land, bio
fuels, etc.).
• ‘tipping point’ 2 degrees?

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Fossil Fuels
Fossil fuels do more:
• Accelerating melting due to particulate matter in air and on
snow/glaciers.
• Damaging health and silent killer à WHO
12,000 casualties in NL per year v. 800 in traffic.
• Additional environmental damage (winning, refining,
transport, leakage, etc).
• Still global subsidies $ 300 to 500 billion per year. EU
example of 23 Nov 2010: Inefficient Coal subsidies

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Human Rights approach
• Our most fundamental values and needs.
Examples: Life, food, property, work, education, etc.
• 1945 UN Charter
• 1948 Universal Declaration on Human Rights
• 1966 Int. Conv. Civil and Political Rights and
Int. Conv. Economic Cultural and Social Rights
• Regional treaties and constitutions

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Linking human rights and environment?
• Since ’70s growth linking of environment, land, air, water
• Sustainable development (Rio and J’burg) --> Rio+20
• Millennium Development Goals
• Development ‘Right to Environment’
• Recently Human Rights Council and COP 15 16 and 17
• Climate Liability cases

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Human Rights and Climate Change
• UN Human Rights Council 2008 OHCHR research with 2009
Conclusions on “Human Rights and Climate Change”
• Issue of 'causal link'
• Call by High Commissioner on countries in Copenhagen and beyond
• More and more people, NGOs, Int. Orgs, lawyers and law students
see and invoke the links
E.g. NGO iniative to call for Special Procedure HR Council. E.g.
Current OHCHR research Human Rights & Environment.
E.g Mary Robinson (past UNHCHR, Pres. Ierland, ICJ, Oxfam, The
Elders and now MRFCJ):
“Because Climate Change presents a new and unprecedented threat to the human
rights of millions, international human rights law and institutions must evolve to
protect the rights of these people and states must urgently act to avoid even more
serious and actionable violations of human rights.”

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Human Rights and Environment
• Equity / equality
• Right to Life
• Right to Food
• Right to Water
• Right to Health
• Right to Housing, Self-determination, Development, Work
• Right to Family life, Cultural rights

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Human Rights and Climate Change
• Women
• Children (‘future generations’)
• Indigenous People
• Refugees and Security Issues
• Rights and Business.
”Governments have a ‘duty to protect’, but companies have a
‘responsibility to respect’ human rights. Includes due
diligence and chain management.” Remedies. From CSR to
Liability.

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Remedies are difficult
• Exhausting Local Remedies a long and expensive road
• Difficult in cross boundary environmental issues
• Still human rights bind State towards its people

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But often effective
• Direct application certain rights.
Jurisprudence European Court of Human Rights.
• Moral and political pressure and human rights has
changed a lot in the past.
• Focus on victim
(contrary to current environmental law).
• Access to justice. International procedures,
Empowering.
• Consciousness: we are part of nature; earth belongs
to all and future generations; together we may enjoy
and together we are responsible. It’s part of our most

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Human rights can contribute to a
sustainable future on planet Earth.
“All human beings are born free and equal in dignity
and rights.
They are endowed with reason and conscience and
should act towards one another in a spirit of
brotherhood.”