C 15/114
EN
Official Journal of the European Union
12.1.2022
Wednesday 19 May 2021
J.
whereas the Paris Agreement is the first international treaty to explicitly recognise the link between climate action and human rights, thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce emissions; whereas there are no concrete instruments within the Paris Agreement to hold state and corporate actors accountable for their impact on climate change and the exercise of human rights;
K.
whereas the European Court of Human Rights has clearly established that various types of environmental degradation can result in violations of substantive human rights, such as the rights to life, private and family life, and the peaceful enjoyment of the home, and the prohibition of inhuman and degrading treatment;
L.
whereas climate justice aims at addressing the climate crisis using human rights law to bridge the accountability gap in climate governance, by using climate change litigation to hold states and corporate actors to account and ensure that they are responsible for their actions in terms of the preservation of nature for its own sake and in order to allow a dignified and healthy life for present and future generations;
M. whereas several outstanding legal cases have established human rights violations and have paved the way towards accountability following failures or inaction by individuals, states and corporate actors in addressing the consequences of climate change;
N.
whereas the intensified competition over natural resources led by private companies, at times with government complicity, has placed environmental defenders and indigenous communities seeking to protect their traditional lands at the forefront of environmental action and made them targets for persecution;
O.
whereas the human rights consequences of climate change will be felt not only by the most vulnerable people, but by the whole of the world’s population; whereas the most vulnerable communities and countries that cause the least pollution and environmental destruction suffer the most from the direct consequences of climate change; whereas the figures for disease and premature death resulting from environmental pollution are already three times greater than those for AIDS, tuberculosis and malaria combined, threatening the right to life, a healthy environment and clean air; whereas natural disasters such as floods, tropical storms and long periods of drought are becoming increasingly frequent and are having damaging consequences for food security in the countries of the global south and for the enjoyment of many human rights;
P.
whereas environmental justice is part of social justice and whereas climate change impacts are asymmetric and their adverse effects are destructive for present and future generations, especially in developing countries; whereas climate change intensely affects developing countries and exacerbates existing social and economic inequalities, causing vulnerable groups to suffer disproportionately from its adverse effects;
Q.
whereas climate change is an increasingly important contributor to displacement and migration, both within nations and across international borders; whereas displacement is an imminent prospect for some communities, such as those living in areas threatened by desertification, those situated in the rapidly melting Arctic, low-lying coastal areas, and small islands or in other delicate ecosystems and at-risk territories; whereas since 2008, an average of 24 million people have been displaced by catastrophic weather disasters each year, largely within three of the most vulnerable regions — sub-Saharan Africa, South Asia and Latin America; whereas 80 % of people displaced by climate change are women, according to the UNDP; whereas the growing phenomenon of climate-induced displacement may pose a direct threat to human rights, culture and traditional knowledge for the population concerned and may have a significant impact on local communities in the countries and territories where they come to settle;
R.
whereas COVID-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations, and have intensified political intimidation and digital surveillance, while limiting access to justice and the abilities of environmental defenders, local actors, indigenous communities and others to effectively participate in decision-making