HRFS Quiz Compendium_240911_121511.pdf

Human Rights Friendly Schools Quiz Compendium 1 Amnesty International Amnesty International is a global movement of more than 10 million people who are committed to creating a future where human rights are enjoyed by everyone. United by our shared humanity, we...

Human Rights Friendly Schools Quiz Compendium 1 Amnesty International Amnesty International is a global movement of more than 10 million people who are committed to creating a future where human rights are enjoyed by everyone. United by our shared humanity, we know that the power to create positive change is within all of us. We are funded by members and people like you. We are independent of any political ideology, economic interest or religion. We stand with victims of human rights violations whoever they are, wherever they are. No government is beyond scrutiny. We uncover the truth. We hold human rights violators to account. Amnesty International runs on people power. We are a democratic organization which means that we are governed by individual members like you. Every year, representatives from over 60 countries attend a Global Assembly to vote on decisions that guide the Amnesty movement. These decisions include the selection of the International Board. As an Amnesty member, you can participate in local conferences, events and trainings. Our deeply held core principles of impartiality, independence and accuracy underpin all we do. This is built on an understanding that all human rights must be respected together if we are to achieve a world free from fear and want. We are independent of any institution, ideology, economic interest, and religion. Our only interest is in achieving human rights for all. We have a vision of a world where everyone can enjoy the human rights enshrined in the Universal Declaration of Human Rights and other international human rights mechanisms. To achieve this vision, our mission is to undertake research and action focused on preventing and ending grave abuses of these rights. Our core values are rooted in our commitment to the global community of human rights defenders that make up our membership: international solidarity, effective action for the individual victim, global coverage, universality and indivisibility of human rights, impartiality and independence and democracy and human rights. Our offices across the globe are guided by a shared strategic plan that establishes key priorities and values that empower us to work together more effectively. Thee current Global Strategic Framework covers our work from 2022 to 2030. It designates key human rights priorities, common lenses that we apply across all work and core capabilities that we rely on to remain effective. Our human rights priorities Priority 1 – Freedom of expression and civic space 1.1 – Strengthening freedom of expression and association 1.2 – Securing the right to peaceful assembly for all Priority 2 – Equality and non-discrimination 2.1 – Promoting gender, racial and intersectional justice 2.2 – Strengthening enjoyment of rights to health, housing and social security 2.3 – Securing climate justice 2.4 – Protecting the rights of refugees and migrants and the rights of people on the frontlines of crises Flexible areas of work In addition to work on Global Priorities 1 and 2, Amnesty International entities may dedicate up to 20% of its resource to work on Flexible Areas of Work – human rights issues chosen in response to other pressing local human rights concerns, for example ending the death penalty, access to justice and redress, and preventing human rights abuse within the criminal justice system. 2 Introduction to Human Rights What are Human Rights? ▪ There is not one single definition of human rights, but common to all approaches is the conviction that human rights are fundamental for us to live in dignity as human beings. ▪ Human rights guarantee the equality of all people, integrity of the person, privacy, personal freedoms and fulfilment of basic existential and social needs. ▪ Human rights are the rights and freedoms that belong to each and every person, because we are all human beings. ▪ So, we are all entitled to these rights and freedoms whatever our nationality, place of residence, sex, color, religion and language or any other status. Human rights help to define how we can live together peacefully, while safeguarding the rights and freedoms of everyone. ▪ Human rights issues surround us everywhere in our lives. ▪ Whether you speak your mind, freely choose your partner or gather with friends in public. Human rights seek to ensure that we are treated fairly and equally at work, at school and at home. Examples of Human Rights While the principles underlying human rights can be traced further back in time, it was only after the atrocities of World War II that the protection of human rights emerged prominently as an urgent challenge that states committed to address at the international level. In 1948, the first international document on human rights was adopted the Universal Declaration of Human Rights (UDHR). The first article states: All human beings are born free and equal in dignity and rights. The Universal Declaration of Human Rights was one of the first steps in giving individuals a tool in the fight against oppression, impunity and attacks on human dignity. The Universal Declaration of Human Rights includes (amongst many others): ▪ Right to Life ▪ Right to Education ▪ Right to Freedom of Expression ▪ Right to an adequate standard of living (including housing, food, clothing and medical care) ▪ Right to social security ▪ Prohibition of torture ▪ Right to work ▪ Right to liberty Human Rights Concern All Aspects of Our Life Following the adoption of the Universal Declaration of Human Rights, states have adopted additional international treaties and agreements that further elaborate the type of human rights to be protected as well as their scope. 3  ▪ rights on civil and political issues ▪ rights on economic, social and cultural issues ▪ rights against racial discrimination ▪ rights of migrant workers ▪ rights of people with disabilities ▪ rights of children ▪ rights of women Many of these documents create binding obligations for all states who have accepted them. The compliance with these obligations is monitored by international protection mechanisms, for example the United Nations treaty bodies or regional human rights courts in the Americas, Africa and Europe. These documents also represent an important point of reference for holding states accountable when it comes to their human rights records. Under these treaties, it is the states that are obliged to respect, protect and fulfil these rights for all persons on their territory. Respect our rights: that means to refrain from undue interference (eg police violence, torture, arbitrary executions or arrests). Protect our rights: that means to take measures to prevent abuse of our rights by others (eg against domestic violence, against environmental pollution by big companies). Fulfill our rights: that means to create the legal and institutional framework so our rights can be guaranteed (eg build schools and hospitals, adopt laws prohibiting crimes against life and property). The States’ Role in Human Rights However, not all states uphold their human rights obligations in the way they should, and our rights are not always equally guaranteed or respected in different parts of the world. Human rights are violated every day, in all corners of the world, and sometimes on a horrendous scale. But human rights are also protected in laws – which means that we can claim our rights before national courts, other state authorities and even international bodies. Everyone Can Defend Human Rights Human rights belong to everyone, and everyone can play a role in defending and promoting them. Too often, states do not guarantee our human rights even though they should; in order to uphold our rights, we need to claim them - and this is where you and everyone else can play an important role, whether it is getting active in your community, raising awareness for a cause in the broader public or urging states to live up to their human rights obligations. The Role of States It is primarily the states and their organs (for example: courts, lawmakers, police, public officials) who have to guarantee human rights for all people on their territory. Legally, states are obliged to follow the national and international human rights standards they have accepted. 4 It is the state's obligation to: Respect - States have to respect human rights, which means they should not unduly interfere in human rights. An example would be the obligation of the state to refrain from torturing an individual, respecting the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Protect- States have to protect human rights, which means they should take necessary measures to prevent or redress human rights abuses by private actors. For example, the state has the obligation to intervene if the physical integrity of one person is threatened by another private person. This could for example be a police officer actively intervening and “protecting” the right to physical integrity of the person attacked. Fulfill- States have to fulfil human rights, which means they should implement general and structural measures that are needed to realize human rights. For example, the duty to establish a human rights compliant court system that is able to guarantee the right to a fair trial, the duty to adopt laws criminalizing theft, protecting the right to property against abuse by private persons, or to establish an educational system that allows for the realization of the right to education. You have now discovered that it is the state who is the main actor and duty-bearer when it comes to the realization of human rights. However, whether a right in reality will be guaranteed often depends on pressure from the international community (international organizations like the United Nations) and on the work of NGOs (non-governmental organizations) and individual activists or human rights defenders. The Role of International Organizations While states are the first guarantors of human rights, they are also the ones who frequently violate human rights. Therefore, international and regional protection mechanisms (international courts or monitoring bodies) are considered essential to hold states accountable for the fulfilment of human rights obligations they have accepted. International organizations have a number of “tools” at their disposal to promote and enforce the implementation of internationally guaranteed human rights standards. 1. Monitoring - aims to reinforce the state’s responsibility to guarantee human rights, preventing human rights violations in the first place. States as well as civil society report about human rights standards and these reports form the basis of recommendations on how to improve the protection of human rights. 2. Inquiries - situations of alleged ongoing human rights violations are being looked into, potentially helping to end the violations. 3. Complaints by Victims- Victims of human rights violations can lodge complaints and receive a remedy to the violation (such as release from detention, compensation, restitution of property) 4. Discuss Human Rights- international organizations can also provide an arena for states and non-governmental organisations to discuss human rights issues and to negotiate new human rights standards. 5  5. Education- Human Rights Education can be defined as any learning, education, training, or information efforts aimed at building a universal culture of human rights and encompasses: a) Knowledge and skills- learning about human rights and human rights mechanisms and acquiring skills to apply them in a practical way in daily life b) Values, attitudes and behaviours- developing values and reinforcing attitudes and behaviour which uphold human rights c) Action- taking action to defend and protect human rights NGOs are widely considered as the “engines of human rights protection”. They contribute to the development of the international human rights system by monitoring state activities, doing fieldwork and advocating for better human rights policies. They are seen as intermediaries between individuals, state authorities and international organizations, acting as critical watchdogs and a “mouthpiece” for the voice of individuals and groups when it comes to the promotion of human rights. How NGOs work: 1. Monitoring- NGOs frequently monitor states compliance with human rights standards and collect reliable information 2. Assist- assist state authorities by identifying gaps in human rights protection so the state can change its laws, policies and practices 3. Lobby- lobby for the development of new human rights standards 4. Educate- Equip people with the knowledge, skills and attitudes and defend their human rights and those of others 5. Advocate- Fight individual violations of human rights, support victims of human rights violations to claim their rights or provide them with psychological, medical, financial or other support 6. Campaign- Raise awareness and apply permanent pressure on state authorities to act according to their human rights obligations Your Role We all need to play a part in defending and promoting human rights, wherever they are threatened or violated. We have to speak up against injustice, against violence or discrimination. We have to point out if an action or inaction by state authorities is violating human rights. Otherwise, states can continue to violate their human rights obligations without being held accountable. Human rights are there for all of us, but they can only work if we use and claim them. We can all contribute to creating a world where all people have their human rights respected and protected. Write your own manifesto A manifesto is a powerful statement of belief and action. It can be a powerful reminder of your beliefs and what motivates you to stand up and campaign for human rights. 6 Here are the core elements to include: 1. Core value: What deeply held belief is motivating you? 2. What human rights issue do you want to act on? 3. What is the change you would like to see? 4. The Way Forward: What will you do next? Below are some key strengths and skills that you could use to promote human rights in your community: 1. Being Creative- express yourself creatively 2. Inspiring others on social media- speak out on social media 3. Writing Articles and letters- Write a letter, publish an article 4. Organizing and facilitating- organize public events Identifying a human rights violation In cases where the state is culpable, either out of negligence or an active role, these acts might lead to or constitute a human rights violation. Recall that the state is the main “duty- bearer” when it comes to human rights – it is the state who has to respect, fulfil and protect human rights. Under certain circumstances, however, a murder scenario MIGHT constitute a human rights violation: If the state fails to take appropriate steps to prevent the murder of a person. For example, if the victim had approached the police and had told them about credible threats to his/her life, and the police did not act accordingly. The state’s failure to act could amount to a violation of the state’s obligation to protect and/or fulfill the right to life. If the state has not adopted the necessary legal provisions to prevent such acts. In this scenario for example, if the state has not criminalized “murder” in its penal code. The state’s failure to act accordingly could amount to a violation of the state's obligation to fulfill. If the state has adopted the necessary legal provisions but is failing to prosecute. The state’s failure to act accordingly could amount to a violation of the state’s obligation to protect. If the killing is committed by a state organ For example, a police officer in duty arbitrarily killing a member of the public. Absolute and Relative Rights Not all human rights are absolute – in fact, most human rights are relative. Absolute human rights cannot be restricted under any circumstance. Every time the state interferes with these rights, this qualifies as a human rights violation. Relative rights can be restricted by states under certain conditions (the interference must have a legal basis, must pursue a legitimate aim, and must be necessary and appropriate). If any 7 of these conditions are not met, the interference/limitation is qualified as a human rights violation. Absolute Rights There are only a handful of rights that are absolute: the prohibition of torture and cruel, inhuman or degrading treatment or punishment; the prohibition of slavery; the right to be recognized as a person before the law; and the freedom of conscience and to change one’s religion. These rights are at the very core of human dignity. Every interference with these rights is under all circumstances prohibited, as this would undermine the dignity of the person. Examples: ▪ Prohibition of Torture ▪ Prohibition of Slavery ▪ Right to be Recognized as a Person Before the Law ▪ Freedom of Conscience and to Change Religion Relative Rights ALL other rights are relative and can be limited under certain circumstances – for example, the freedom of expression, the right to liberty, the right to life, the right to an adequate standard of living and many more. The guarantee of relative rights needs to include balancing considerations - the rights of one person can only go so far as the rights of another person are not unduly interfered with. Examples: ▪ Right to a Fair Trial ▪ Freedom of Expression ▪ Right to Liberty ▪ Adequate Living 8 Child Rights Introduction For a long time, children were considered not to have rights. Instead, they were often seen as merely the property of their parents and carers. Their rights were considered as being subordinate to the needs and values of their families. This frequently resulted in children facing injustice in many areas of life and having little protection in the eyes of the law. From their personal autonomy to their health and overall well-being, children were often ignored and their rights openly violated and abused. Beyond having the same human rights as adults under international law, children also need some additional and special rights due to their unique status in society combined with their limited chances to participate in decisions affecting them. However, more and more, children are getting their voices heard and are finding ways to participate and influence decisions that impact them. Alongside well-known child activists like Malala Yousafzai or Greta Thunberg, there are millions of children worldwide engaged in bringing change, be it for ending child marriage or female genital mutilation, pushing governments to take more measures to deal with the climate crisis and other environmental issues, working in their communities to reduce violence against children, or anywhere they see human and child rights violations occurring. Who is a child? Children and young people have a specific set of rights, in addition to the same human rights that every one of us has, regardless of our age or other status. Child rights are human rights, but with unique safeguards for children. These rights come into effect from the moment a person is born and are valid until they reach what is called ‘the age of majority’, which is defined as eighteen years old under international law and in most countries. The United Nations Convention on the Rights of the Child defines the child as: “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”. The full list of rights for children is set out in the United Convention on the Rights of the Child, the most accepted human rights standard in the world. Examples include: 1. A child is any person under the age of 18. 2. All children have all these rights, regardless of their gender, ethnicity, nationality, religion, abilities, sexual orientation or other status. No child should be treated unfairly for any reason. 3. When adults make decisions, they should think about how their decisions will affect children. All adults should do what is best for children. Governments should make sure children are protected and looked after by their parents, or by other people when this is needed. Governments should make sure that people and places responsible for looking after children are doing a good job. 4. Governments must do all they can to make sure that every child in their countries can enjoy all the rights in this Convention. 9 5. Governments should let families and communities guide their children so that, as they grow up, they learn to use their rights in the best way. The more children grow, the less guidance they will need. 6. Every child has the right to be alive. Governments must make sure that children survive and develop in the best possible way. 7. Children must be registered when they are born and given a name which is officially recognized by the government. Children must have a nationality. Whenever possible, children should know their parents and be looked after by them. 8. Children have the right to their own identity – an official record of who they are which includes their name, nationality and family relations. No one should take this away from them, but if this happens, governments must help children to quickly get their identity back. 9. Children should not be separated from their parents unless they are not being properly looked after – for example, if a parent hurts or does not take care of a child. Children whose parents don’t live together should stay in contact with both parents unless this might harm the child. 10. If a child lives in a different country than their parents, governments must let the child and parents travel so that they can stay in contact and be together. 11. Governments must stop children being taken out of the country when this is against the law – for example, being kidnapped by someone or held abroad by a parent when the other parent does not agree. 12. Children have the right to give their opinions freely on issues that affect them. Adults should listen and take children seriously. 13. Children have the right to share freely with others what they learn, think and feel, by talking, drawing, writing or in any other way unless it harms other people. 14. Children can choose their own thoughts, opinions and religion, but this should not stop other people from enjoying their rights. Parents can guide children so that as they grow up, they learn to properly use this right. 15. Children can join or set up groups or organisations, and they can meet with others, as long as this does not harm other people. 16. Every child has the right to privacy. The law must protect children’s privacy, family, home, communications and reputation from any attack. 17. Children have the right to get information from the Internet, radio, television, newspapers, books and other sources. Adults should make sure the information they are getting is not harmful. Governments should encourage the media to share information from lots of different sources, in languages that all children can understand. 18. Parents are the main people responsible for bringing up a child. When the child does not have any parents, another adult will have this responsibility and they are called a “guardian”. Parents and guardians should always consider what is best for that child. Governments should help them. Where a child has both parents, both of them should be responsible for bringing up the child. 19. Governments must protect children from violence, abuse and being neglected by anyone who looks after them. 20. Every child who cannot be looked after by their own family has the right to be looked after properly by people who respect the child’s religion, culture, language and other aspects of their life. 10 Children’s Rights and the UDHR Children have the same general human rights as adults and also specific rights that recognize their particular needs. Even though the major international human rights treaties spell out that human rights apply to all human beings independent of age or any other status, talking about children and their needs was for a long time detached from a rights discussion. From the beginning of the Universal Declaration of Human Rights in 1948, generic human rights have also applied to children, of course. In practice, however, rights were easily overlooked or sidelined when children were concerned. Why do children need a special set of human rights? 1. Childhood is a unique period of rapid physical and psychological development during which children’s physical, mental and emotional health and well-being can be permanently affected for better or worse. For example, because of their physiology, children absorb a higher percentage of pollutants to which they are exposed, and thus their immune systems are more compromised and vulnerable to environmental pollution. 2. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subjects of their own rights. 3. Children under 18 years old account for almost one third of the world’s population. There are 2.3 billion children in the world. In Africa, children represent almost half of the population. In 2050, 7 out of 10 people living in urban areas are projected to be under 18. It is therefore essential to ensure that the rights and needs of this age group are properly taken into account by the states. Through the policies and actions developed to comply with children’s rights, states ensure that children develop to their full potential. 4. Childhood trauma affects people for a lifetime. Research shows that children's earliest experiences significantly influence their future development. At the same time the course of their development can determine not only their own personal development, but also their contribution to society over the course of their lives. 5. Some rights are specific to children and were not covered by other human rights instruments such as: Right to play, Right not to be separated from their families, Right to be cared for and protected if their families cannot take care of them These factors play a big role in classifying children as unique in the eyes of international law, and allow for a more nuanced approach to their protection. History Children’s rights have advanced dramatically over the past two centuries. Explore some of the milestones below. 1889 - Children went on strike in England for a better education. School children organised walkouts across the UK in October against corporal punishment and excessive workloads at schools. 1903 - Child textile workers in the US went on strike. They walked from Philadelphia to New York to bring public attention on the scourge of child labor and to advocate for an end to child labor by law. The march advanced efforts to abolish child labor. 11 1924 - The Declaration on the Rights of the Child was adopted by the Society of Nations (the ancestor to the United Nations) It stated that humanity “owes to the Child the best that it has to give.” The fundamental needs of children were summarised in just five points. 1942 - Janusz Korczak, one of the pioneers of children’s rights, died in a concentration camp with the children from the orphanage for Jewish Children he founded in Warsaw. He helped the children from the orphanage create their own parliament, court and their own newspaper. He ran it like a small democracy. 1989 - Adoption of the UN Convention on the Rights of the Child. In 1989, the General Assembly of the United Nations adopted the Convention on the Rights of the Child (CRC) to recognise the specific rights of children and to promote greater protection of children around the world. 1990 - Adoption of The African Charter on the Rights and Welfare of the Child. The Children's Charter originated because the member states of the African Union believed that the UN Convention on the Rights of the Child missed important socio-cultural and economic realities particular to Africa. It emphasises the need to include African cultural values and experiences when dealing with the rights of the child. Convention on the Rights of the Child In 1989, the General Assembly of the United Nations adopted the Convention on the Rights of the Child (CRC) to recognise the specific rights of children and to promote greater protection of children around the world. This Convention is now the most widely ratified human rights treaty in the world: 196 countries have ratified the Convention. Ratification defines the international act in which a state indicates its consent to be bound to a treaty. To check if and when your country has ratified the treaty, check the UN Treaty Body Database. Every five years, the progress of each state in implementing the Convention is examined by the UN Committee on the Rights of the Child. The United States is the only country that has not yet ratified the Convention, even though it was very active in the drafting of that Convention and has ratified two of the Optional Protocols of the Convention (International Treaties that were added afterwards to the Convention: on the involvement of children in armed conflict (child soldiers) and another on the sale of children, child prostitution and child pornography). Some of the reasons explaining this lack of ratification of the Convention by the US: ▪ Ratification of any treaty in the United States requires a two-thirds majority vote in the Senate to pass, and a number of Republican senators, claiming concerns about U.S. sovereignty, have consistently opposed ratification. ▪ Organisations actively campaign against the ratification of the Convention, arguing that it threatens “parental rights” even though the Convention recognises the primary role and responsibilities of parents in the upbringing of their children and protects their rights. ▪ Despite some recent Supreme Court decisions, some children in the U.S. are still serving life imprisonment for crimes committed when they were children. 12 Many civil society organisations are organising a campaign for the ratification of the Convention by the US. You can read more at: The Campaign for US Ratification of the CRC. There are four general principles that underpin all children’s rights. They make a useful lens to understand children’s rights: Non-discrimination – All children have the same rights in all situations and at all times. For example, every child should have equal access to education regardless of their gender, ethnicity, nationality, religion, abilities, sexual orientation or other status. The best interests of the child – The best interests of the child must be a primary concern in all actions and decisions concerning a child. For example, when parents get divorced, focusing on the child's "best interests" means that all custody discussions and decisions are made with the ultimate goal of fostering and encouraging the child's development, safety, mental health, and emotional development. The right to survival and development – The right to survival and development underscores the vital importance of ensuring access to basic services and to equality of opportunity for children to achieve their full development. This includes not only making sure they are protected against threats to their life, but also giving them the possibility to achieve their potential. Child participation – The views of the child must be heard and taken into account in all matters concerning them. Children have unique knowledge about their lives, needs and concerns. Taking children’s views into account in policies, decisions and actions affecting them improves outcomes and brings immediate and long-term benefits to the children and their communities. Those in power should consult with children before making decisions that will affect them. Stories of violations around the world Even though there has been a lot of progress in the last decades, children’s rights are still violated or abused all over the world. The COVID-19 pandemic has exacerbated a range of issues significantly impacting children’s rights. For example, child labor and child marriage were on the decrease before the pandemic but have increased since the pandemic started (Source: child marriage: UNICEF, child labor: UNICEF) The principle of non-discrimination By now, you should have a good grasp of what defines a child, why they need a specific set of rights, and what international legal framework exists to ensure these rights are upheld. We’ll take a closer look at two of the four general principles underpinning child rights: non- discrimination and child participation. These principles are key to how adults can engage with child rights without dismissing children’s voices. Besides experiencing discrimination as a group ('age-based discrimination'), children can face discrimination on a combination of other grounds such as race, national, ethnic or social origin, caste, religion or belief, sex and gender identity, sexual orientation, age, disability or health 13 status, poverty, migration status or the migration status of their parents. Discrimination means experiencing distinctions, exclusions, restrictions or different treatments that deny children their rights based on one or more of these factors. Often children like adults will face multiple and/or intersecting forms of discrimination at the same time which can have a cumulative impact – e.g. due to age, gender and race. Addressing and ultimately ending all forms of discrimination is essential to enabling children to exercise and claim their rights. We can all do something about this. Child participation Child participation means that children’s opinions should not just be listened to but also taken seriously in all matters affecting them and influence decision-makers accordingly. Child participation is linked to a wide range of rights such as the rights to freedom of expression; freedom of association; freedom of thought, conscience and religion; privacy; and access to information. These rights are preconditions for the right of the children to express views, have them taken seriously, and influence matters of concern to them. 1. Participation is a right for all children, without discrimination of any kind. It applies to all children without discrimination of any kind. However, special efforts must be made to include the views of marginalised children including, for example, children with disabilities, children from indigenous or minority groups, children on the move, or LGBTI children. The right to participate applies equally to all ages. Even very young children can be involved, if their responses and reactions are observed and interpreted thoroughly. 2. The right to participation applies to children as individuals and as a group. Children are entitled to have their views taken into account in individual matters, for example in schools or care proceedings, and in decisions affecting them collectively, such as local or national policies on education or urban planning. One recent example of collective exercise of child participation is the Fridays for Future movement, which is a youth-led and -organised global climate strike movement started in 2018 by then 15 year old Greta Thunberg involving millions of children taking part in over a hundred thousand actions in more than 200 countries This movement has raised the awareness of children, young people and adults about the urgency of the climate crisis and increased the pressure on decision makers. This right applies to all matters affecting them. Participation rights apply not only to issues often linked to childhood, such as education or health, but also to wider issues, such as the environment, transport, urban planning or migration. Participation of children contributes to more relevant, effective and sustainable decisions, programs and services on those issues. The participation of children and young people brings new perspectives, energy and creativity to address discrimination and rights violations. 14 Government obligations When states ratify the Convention on the Rights of the Child, they agree to undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the Convention, while mitigating and redressing infringements. Examples of such work include: 1. Assessing their social services as well as their legal, health and educational systems to ensure that they are in line with the provisions of the Convention. 2. Making laws and policies that protect children’s rights in all environments (at schools, in families, in communities, in the digital environment, etc.). 3. Informing and encouraging all those who work with children to understand and do their best to make sure that children can enjoy their rights. 4. Informing and educating children about their rights (for example by integrating human rights and children’s rights in the curricula of the schools). 5. Making sure that children and their parents can complain when children’s rights are not respected. Supporting parents and caregivers in their parental responsibilities by ensuring the basic needs and rights of parents are fulfilled and by strengthening their parenting skills if needed. Governments are then obliged to take all the necessary steps to ensure that the minimum standards set by the Convention on the Rights of the Child in these areas are being met. Where a country has higher standards or provisions than those set forth in the Convention, the higher standards always prevail. States are obliged by international law to meet their human rights obligations to people within a State if it has ratified a human rights treaty. Almost all states in the World have ratified the UN Convention on the Rights of the Child. Therefore, all of them must ensure that the rights of children within their territory are respected. Their progress towards the realisation of children’s rights is monitored by an expert body - the UN Committee on the Rights of the Child. Role of parents and caregivers As you read from the previous section, states/governments have a primary duty to realise children’s rights and support other stakeholders (families, schools) in doing so. They are however not alone in having a responsibility to uphold children’s rights. Children are members of families and governments must respect the role of parents or caregivers as having primary responsibility for the guidance, upbringing and development of the child. When the child is at risk in the family, the state needs to take measures to support the parents or carers in their upbringing role. If there is a risk of violence and/or other forms of abuse or neglect, other measures might be necessary, like the placement of the child in the care of a trustworthy guardian. Here are some key aspects of the role of parents and caregivers in realising children's rights: 15  ▪ Parents and caregivers must always take into account the child’s best interests in all decisions and actions that affect the child. For example, when parents get divorced, they should agree care arrangements in the best interests of their child. ▪ They should ensure that children can have their views heard in all the matters affecting them. For example, if there was a choice between two different education paths, the child should be asked their opinion by the parents taking into account the child’s evolving capacity. ▪ They have to promote the full, healthy development of their children, taking into account their age, abilities and evolving capacities. ▪ They have a responsibility to provide a healthy environment for the child to grow up in, with sufficient food, care and shelter, and to ensure they get access to health care whenever needed. This also entails not using violence for disciplining their children. Role of schools and educators Schools are one of the best places for children to learn about their rights. Governments which ratified the Convention on the Rights of the Child have committed to ensure that children and adults know about the Convention and which rights are included in the document. This means, for instance, that children’s rights should be included in the curricula of schools worldwide (as all countries have ratified the Convention except the USA). Schools are therefore a place where children learn about their rights but also a place where these rights need to be respected and protected. For example, their right to be protected from violence means that teachers should not use violence against the children but also make sure that they are not victims of bullying by other children. Educational institutions can sometimes be obstacles to children enjoying their rights when they want to retain traditional forms of authority and do not let children express their views or participate in decisions affecting them. Institutions should ensure that students not only learn about their rights, but that all staff and faculty are trained in what child rights are and how they are to be respected and protected in the school environment. And of course, educational institutions are responsible for making the right to education for all children a reality! States also need to have a strategy to ensure that all children can access school or some form of formal education. This is a massive problem, with around 260 million children not in education worldwide. This problem has only worsened during the COVID-19 pandemic. Role of children themselves No one is better placed to champion children’s rights than children themselves! Children have often been actors of change. Children are getting more and more active as they learn about their rights and can organise more easily with the help of digital tools. Access to information about their rights and the issues that concern them is usually the first step for children to get more active in defending their rights. Children can be active in the realisation of children’s rights in different ways: 16  ▪ inform other children about their rights ▪ stand up when their rights have been violated ▪ organise campaigns to promote and defend children’s rights for all the children in their community, city, country, or even worldwide The Convention on the Rights of the Child played a role in this radical transformation in the status of children by explicitly recognising for the first time in international law that children are active subjects and should play a role in the realisation of their rights. How child rights are under threat Children’s rights are not fully realised. Sometimes, far from it! Explore the list below to see just a few key things that can threaten children’s rights: 1. Lack of recognition. Some adults (parents, caregivers, teachers, decision-makers) are still not recognising that children have their rights and that their opinions should be listened to and taken into account in all matters affecting them. 2. Violations of their parents and other adults’ rights. When the rights of their parents or caregivers are not respected or fulfilled, it can impact on the realisation of children’s rights too (e.g. the lack of housing of their parents will impact children’s right to housing and health) 3. Lack of appropriate legislation, policies, actions and funding from the state. For example, even though 62 states already have full prohibition of corporal punishment, only 13% of the world's children are fully protected in law from all corporal punishment. 4. Social and gender norms. For example, female genital mutilation is still prevalent in more than 30 countries worldwide, and every year four million girls are at risk of being cut. (source: UNICEF) 5. Wars and conflicts. In 2021, 1 in 6 children lives in a conflict-affected country: an estimated 415 million children. (Source: UNICEF) 6. Epidemics and pandemics (such as COVID-19, Ebola, Zika, HIV/AIDS): As well as getting sick and not being able to access health care, children might become orphaned, or the income of their parents might be reduced so much that they end up working to support their families. 7. Climate change. For example, nearly 160 million children are currently living in areas of high or extremely high drought severity, predominately in Africa and Asia, and 500 million (almost a quarter of the world’s child population) live in extremely high flood occurrence zones. (Source: UNICEF) 8. Other environmental issues. Only 1 in 9 children in the world is breathing clean air, according to the World Health Organization, and this clearly impacts their right to health and many other rights. (Source: WHO) These threats aren’t one dimensional, meaning children can face multiple rights violations at the same time. For example, an indigenous child in Brazil has a greater chance of losing a parent to the COVID-19 pandemic while also encountering the effects of land appropriation and deforestation perpetuated by the Brazilian government and/or corporate actors. The diversity of these issues complicates the process of addressing them. 17 Climate Change and Human Rights Introduction to human rights “Human”, since we have these rights simply because we are human. Every single one of us has the same human rights, regardless of nationality, sex, skin colour, or any other distinction. “Rights”, because we are entitled to them. Human rights are not given, bought, earned or inherited. Nobody can rightfully take them from us. Human rights are often described through certain categories and distinctions. Specifically, when it comes to climate change, an important distinction to understand is the difference between substantive and procedural human rights. Substantive Human Rights The right to life, adequate housing, food and the highest attainable standard of health are examples of substantive human rights. They require that states take both preventative measures to avert human rights violations and remedial measures to rectify such violations, once they have occurred. States must specifically protect individuals and groups against abuses by third parties, for example businesses or private corporations. States also have specific obligations to people particularly at risk of human rights harm, such as women, children, persons with disabilities and Indigenous Peoples. Procedural Human Rights Procedural rights require states to respect certain requirements when enforcing substantive rights. Procedural rights include access to information, public participation, and access to effective remedies in case of human rights violations. All of these obligations recognize the crucial role that every one of us can play in defending substantive rights, and the necessary pre-conditions that states must provide so that everyone can defend human rights safely and effectively. UN Human Rights Treaties The international systems for the promotion and protection of human rights consists of a series of UN human rights treaties and bodies entrusted to oversee state conduct, including mechanisms to hear complaints for alleged human rights violations. There are nine UN human rights treaties, and all UN Member States have ratified at least one treaty, while 80 percent have ratified four or more. UN Human Rights Treaty Bodies: 1. Review states’ compliance with the relevant human rights treaty and make specific recommendations to each state to enhance implementation of the treaty. 2. Address individual cases of people who have suffered human rights violations and conduct country inquiries 3. Organize thematic discussions and issue general comments. These are authoritative statements of how to interpret the underlying human rights treaty and state obligations associated with these. They are not legally binding, but they are considered highly influential. 18 Introduction to climate change Human activities most notably, the burning of fossil fuels, but also industrial agriculture and other land uses have steadily and significantly increased greenhouse gas concentrations in the atmosphere. This is the main driver of what we now know as Climate Change. The 1992 UN Framework Convention on Climate Change (UNFCCC) defines climate change as: ‘a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.’ In this course, climate change should be understood as that which is due to human activities. This is sometimes referred to as anthropogenic climate change anthropogenic means caused by human activity. Climate change has been described as a risk ‘multiplier’. That is, climate change makes all crises facing humanity in the twenty-first century worse. Due to its scale, climate change requires a collective rethinking of the way society’s function, survive and thrive across the globe, and undoubtedly this will have significant implications for virtually all sectors of human life. Despite adopting the first international convention to tackle climate change in 1992, states have failed until now to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Climate action thus far has centered around: mitigation, adaptation and more recently, loss and damage. After almost thirty years, however, economic interests and lack of sustained political will have undermined efforts to address these three issues. International treaties - the UNFCCC, the Kyoto Protocol and the 2015 Paris Agreement - as well as regional and national laws and policies - have done little to avert the devastating impacts of climate change on people, livelihoods and nature. Introduction to climate change and human rights Climate change threatens the enjoyment of a wide range of human rights, including the right to life, adequate housing, water, food and the highest attainable standard of health. The relationship between climate change and human rights has increasingly been recognized by intergovernmental bodies and civil society. Starting in 2008, the United Nations Human Rights Council, the United Nations Office of the High Commissioner of Human Rights, and UN human rights treaty bodies have increasingly devoted attention to the matter, highlighting the scope and implications of states’ human rights obligations in relation to climate change. Climate change is a reality that now affects every region of the world. The human implications of currently projected levels of global heating are catastrophic. Storms are rising and tides could submerge entire island nations and coastal. Among the UN human rights treaty bodies, the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination Against Women and the UN Human Rights Committee have all specifically drawn attention to the need to reduce emissions, protect groups most at risk from the impacts of climate change and ensure their participation in climate decision making. Thanks to these 19 efforts, states have progressively acknowledged that acting on climate is not only an obligation under environmental law but also under international human rights law. As you move through the course you will see several examples of how both substantive and procedural human rights are both impacted by the worsening climate emergency and invoked to demand climate justice. Substantive Human Rights: The protection of substantive human rights requires that states take both preventative measures to avert the impacts of climate change on the enjoyment of human rights and remedial measures to address such impacts, once they have occurred. Substantive human rights obligations entail taking action, on the one hand, to reduce emissions (mitigation), and, on the other, to support people to adapt to changes that are foreseeable, such as rising sea levels, increased floods, wildfires (adaptation). Substantive human rights obligations furthermore require that states engage in international cooperation to deal with the global implications of climate change. This also means that wealthier states must act faster than others in reducing emissions and provide support, including financial means, to less wealthy states for climate action. Procedural Human Rights: Procedural human rights are critical to the realization of substantive rights. For example, the right to access to information requires that states assess the impacts of both climate change and of measures to tackle climate change, and that they make such information public. Equally, obligations associated with the right to take part in the conduct of public affairs require that states facilitate public participation in decision-making over action to tackle climate change, especially by those likely to be affected. States must also provide access to remedies for climate-related human rights violations, which might include monetary compensation and injunctive relief. Learn how environmental activists Adenike Oladosu, Melissa Mollen-Dupuis, Calfin Lafkenche and Ashish Kothari approach climate change and human rights: Climate change is affecting our economy. It is affecting our education. It is affecting our culture. It is affecting our food systems. It is leading to hunger, leading to poverty. All of this disproportionately affects human rights in one way or the other. These are the most fragile rights. Human rights are most fragile rights and climate change, climate catastrophes are the first thing that is going to take away from these rights and that are going to make people forget about the issues of environmental catastrophes and environmental impacts on communities. We have a lot of capacity for resilience, for example, at a certain height in Peru there are certain types of potatoes that are produced and that the Indigenous Peoples have seen that with climate change they have had to plant it higher or lower height. In the coastal territory we have had a lot of animal mortality. The death of sardines, for example, or penguins in my territory. That, to us, is a warning that something is wrong, something is changing, the temperature of the water is changing. To some extent physical displacement, but that is still not a huge issue yet it is likely to be, especially along coastal areas. But it is more just the destruction of livelihoods. They just don't 20 have, the fish are not coming at the same time. The grass that should be growing for the livestock is not coming up at the same time. The crops are not maturing at the time that they should be, etc. And of course, given that much of the agriculture in the Indian sub-continent is still dependent on rainfall, on precipitation then if the patterns of rainfall change significantly even if the quantum might still be kind of the same but the patterns change it has a huge impact on cropping, on agricultural yields and returns. The impact of climate change on specific human rights Climate change threatens the enjoyment of a wide range of human rights and in the last decade, international, regional and national human rights bodies have recorded a spike in human rights violations associated with climate change. Here we consider some of the human rights that are most affected by climate change. 1. Rights to Water and Sanitation. Climate change affects all key elements of the right to water, i.e. availability, accessibility, acceptability and quality. According to the IPCC, climate change has already caused substantial damages, and increasingly irreversible losses, in terrestrial freshwater. For example: ▪ Precipitation patterns across the world have been affected, with some dry areas receiving less precipitation and wet areas receiving more frequent and intense precipitation. ▪ Increasing weather and climate extreme events have exposed millions of people to reduced water security. In extreme weather events such as cyclones and floods, contaminated water is often left behind and sewage systems damaged, thus contributing to the spread of water-borne diseases. ▪ Half of the world’s population currently experience severe water scarcity for at least some part of the year due to climatic and non-climatic drivers. Unless urgent measures are taken to limit global warming to 1.5°C, over the 21st century climate change is projected to: ▪ Reduce even more available renewable sources of water (surface water and groundwater resources) in all regions. ▪ Intensify competition for water among agriculture, ecosystems, settlements, industry, and energy production, affecting regional water, energy, and food security. In 2019 Tropical Cyclone Idai made landfall in Malawi, Mozambique and Zimbabwe. The storm killed more than 1000 people and left 3 million more without food, water, shelter and critical infrastructure. Due to the storm, access to health, safe water and sanitation was severely restricted. In the aftermath, a cholera outbreak, a disease caused by contaminated food and water, hit Mozambique, with thousands of cases and several deaths reported. 2. Right to Life Climate change has direct and indirect effects on the enjoyment of the right to life. The IPCC (2014) has listed the causes of climate-related deaths: extreme weather events, heat waves, floods, droughts, wildfires, water-borne and vector-borne diseases, malnutrition and air pollution. For example, the World Health Organisation (WHO) 21  predicts that climate change is expected to cause 250,000 deaths per year between 2030 and 2050 due to malaria, malnutrition, diarrhea and heat stress. The 2018 Human Rights Committee's General Comment on the right to life says that environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life. Throughout 2019 and early 2020, over 100 wildfires spread across several regions of Australia. These extreme fires lead to the loss of over 400 lives both directly due to the fires and indirectly due to smoke inhalation. 3. Right to Health Climate change is expected to lead to increases in ill-health in many regions and especially in developing countries with low income. Climate change mainly harms human health because it puts a bigger burden on those countries that already have weaker health systems and less capacity to adapt to climate change. It also reduces the capacity of individuals and groups to adapt to climate change. The major health impacts of climate change include greater risk of injury, disease, and death due to more intense heat waves and fires; increased risk of under-nutrition resulting from diminished food production in poor regions and reduced labour productivity in at-risk populations; and increased risks of food- and water-borne and vector-borne diseases. Climate change threatens to undermine the last 50 years of gains in development and global health. Due to the increases in global warming it is expected human health will be negatively impacted, disproportionately in urban populations. In New Delhi, over 40% of children already suffer from restricted lung function. 4. Right to Food Similar to the right to water, climate change affects all key elements of the rights to food, including access, utilization, and price stability. Changes in climate are already undermining the production of major crops, such as wheat, rice and maize. In the oceans, temperature changes, bleaching of coral reefs and ocean acidification are affecting fisheries. Climate change also worsens other drivers of food insecurity and malnutrition, such as conflict and poverty. Throughout 2020, millions of Zimbabweans have experienced a prolonged drought. This drought led to an increasingly worsening food insecurity situation for an estimated 4.3 million individuals. 5. Right to Adequate Housing Climate change has already had a sizable impact on the enjoyment of the right to adequate housing. The World Bank estimates that 1.3 billion people and $158 trillion in assets are at risk from river and coastal floods alone. The IPCC (2014) stresses that “good quality, affordable, well-located housing provides a strong base for city-wide climate change adaptation minimizing current exposure and loss”. 22 Both the OHCHR and the UN Special Rapporteur on adequate housing referred to the importance of suitable climate adaptation measures in order to protect the right to adequate housing. In September 2020 flooding caused by heavy rains destroyed the homes of over 160,000 people in 17 states of Sudan. This climate disaster disproportionately impacted individuals living in poverty, refugees and internally displaced persons living in informal and underserviced settlements. 6. The Right to Self-Determination Human rights law recognizes that all peoples have the right to self-determination. Climate change not only poses a threat to the lives of individuals, but also to the survival of entire peoples. The right to self-determination is most imminently at risk for peoples of low-lying island states whose land and territories, sovereignty and cultural survival is threatened by the direct and indirect effects of climate change. Many other states could also become uninhabitable under the worst-case scenarios, forcing their entire people to relocate. Climate change also threatens the right to self-determination of many Indigenous Peoples as a consequence of the loss of their traditional territories, control over natural resources and sources of livelihoods. The implementation of climate change mitigation and adaptation programmes, including those funded through international climate finance mechanisms, on the territories of Indigenous Peoples without their free, prior and informed consent also severely threatens their right to self- determination. The rising sea-levels surrounding the island state of Kiribati threaten the right to self- determination of the population of this small island nation. In order to mitigate this human rights violation, the government of Kiribati has been forced to purchase offshore land. 7. Right to a Healthy Environment Climate change, in combination with other contributors to environmental degradation, represents a huge challenge to the enjoyment of the right to a safe, clean, healthy and sustainable environment. The UN Special Rapporteur on human rights and the environment stated that “a safe climate is a vital element of the right to a healthy environment and is absolutely essential to human life and wellbeing”, with other substantive components of this right being: clean air, healthy and sustainably produced food, access to safe water and adequate sanitation, non-toxic environments in which to live, work and play, healthy ecosystems and biodiversity. Increasingly, courts around the world recognize that a state’s failure to take adequate measures against climate change represents a violation of the right to a safe, clean, healthy and sustainable environment. In Colombia a group of 25 youth environmental activists sued multiple branches of the Colombian government, Colombian municipalities and corporations for their insufficient actions to quell the deforestation of the Amazon rainforest. In 2018, the Colombian Supreme Court sided with the youth activists and ordered the Colombian government to develop an inclusive climate pact and measurable action plans to reduce further deforestation and lower greenhouse gas emissions. 23  8. Rights to Equality and Non-Discrimination The richest 1% of the global population have used two times as much carbon as the poorest 50% over the last 25 years, according to Oxfam International (2021). Yet, who is paying the price for it? “People who are socially, economically, culturally, politically, institutionally, or otherwise marginalized are especially vulnerable to climate change and also to some adaptation and mitigation responses. This heightened vulnerability is rarely due to a single cause. Rather, it is the product of intersecting social processes that result in inequalities in socioeconomic status, opportunities and income, as well as in exposure. Such social processes include, for example, discrimination on the basis of gender, class, ethnicity, age, and (dis)ability” (IPCC, 2014). In other words, the climate emergency intensifies pre-existing inequalities, reinforces neglect and exclusion, and increases vulnerabilities of at-risk and marginalized groups. As pointed out by the UN Special Rapporteur on extreme poverty and human rights, there is a very important risk that in the future “the wealthy pay to escape overheating, hunger, and conflict, while the rest of the world is left to suffer”. It is estimated that in 2014, around 1.2 billion jobs, or 40% of world employment, were in sectors that depended heavily on natural processes. Women are disproportionately affected, for example with more than 60% of working women in South Asia and Sub-Saharan Africa occupied in agriculture. (ILO, 2018) 9. Climate, inequality & discrimination One of the most distinguishing features of climate change is its global reach to impact all human beings on planet Earth. However, while every society is vulnerable to the impacts of climate change, vulnerability varies in severity across regions and communities, and depends on socioeconomic and other factors. Differences in age, ethnicity, gender, geography and wealth can influence vulnerability to climate change impacts. Let's now explore how injustices like gender inequality, discrimination, marginalization, colonialism and unequal distribution of resources among countries make certain individuals and groups more exposed to the impacts of climate change. 10. Gender Women and girls, especially those facing intersecting forms of discrimination, commonly face higher risks and greater burdens from the impacts of climate change. Their unequal participation in decision-making processes and in labour markets further compounds inequalities and often prevents women from fully contributing to climate- related planning, policy-making and implementation. Parties to the climate treaties have recognized the importance of involving women in international decision-making and in the development and implementation of national climate policies, by establishing a dedicated agenda addressing the issue of gender and climate change 11. Vulnerable geography Certain geographies are particularly exposed to the impacts of climate change. For example, sea-level rises and coastal erosion, alongside extreme-weather events pose critical threats to the lives, livelihoods and culture of coastal and island communities. However, vulnerability to climate impacts does not only depend from geographical exposure to climate-related disasters, but also from underlying political and socio- economic factors that amplify the impacts of those events. As documented by the 24  IPCC, vulnerability is higher in locations with poverty, governance challenges and limited access to basic services and resources, violent conflict and high percentage of people relying on climate-sensitive livelihoods (e.g. smallholder farmers, pastoralists, fishing communities) (IPCC, 2022). The lasting consequences of colonialism, and particularly its legacy of unequal distribution of resources among countries, have reduced the ability of lower-income countries to adapt to the adverse effects of climate change. Similarly, in all countries, inequality and marginalization linked to gender, ethnicity, disability, low income or combinations thereof, make certain people more at risk from the climate crisis. Indigenous Peoples are particularly impacted. Equally, communities that depend on land and/or forests for their livelihood and subsistence, are likely to be especially impacted by climate change. According to the IPCC (AR5), extreme weather events, wildfires, droughts, floods can have devastating effects on these communities, their livelihoods and, consequently, on their human rights to life, health, food, water and adequate housing. 12. Wealth The UN Special Rapporteur on extreme poverty and human rights stated that “the greatest burden of climate change will fall on those living in poverty”. Wealthier people can afford to take adaptive measures that are out of reach for disadvantaged people who are therefore left to suffer the worst consequences of climate impacts. Climate change heightens existing social and economic inequalities, intensifies poverty and reverses progress towards improvement in well-being. Hundreds of millions will face food insecurity, forced migration, disease, and death. The UN Special Rapporteur on extreme poverty and human rights has cautioned that climate change threatens the future of human rights and risks undoing the last fifty years of progress in development, global health, and poverty reduction. (OHCHR) 13. Indigenous Peoples Due to their often close relationship with the environment and with their traditional lands, Indigenous Peoples often live in areas particularly exposed to the adverse consequences of climate change. Their vulnerability to climate impacts is particularly aggravated by a history of colonialism, oppression and expropriations of their ancestral land and territories. (IPCC, 2022). For the same reasons, Indigenous Peoples are also particularly at risk to suffer human rights violations, as a result of climate change response measures. (FOEI) 14. Race, caste, and minority status The effects of climate change and fossil fuel-related pollution also run along lines of ethnicity, race, class and caste, perpetuating discrimination and inequalities. Communities belonging to low castes often face an unjust and unequal society and remain more susceptible to the negative impacts of climate change. Communities facing racial discrimination and ethnic, religious and linguistic minorities are more likely to be excluded from decision-making spaces. With regard to policy and decisions on climate change, this means that their specific concerns, and their proposals for solutions, may be ignored. In some cases, they live in areas of ecological fragility and remoteness; having contributed, due to low levels of industrialization, very little to climate change, they are nevertheless experiencing some of the worst impacts. People 25  living in poverty and people facing discrimination on the grounds of race, ethnicity, work and descent are too often forgotten in the design, planning and implementation of climate change response measures, despite being among the most affected groups. 15. Persons with disabilities Despite there being roughly 1 billion persons with disabilities worldwide, climate change mitigation policies and measures are often designed and adopted without taking into consideration the rights and requirements of persons with disabilities or without assessing the differential negative impacts that these can have on this group. Persons with disabilities are more likely to die or be injured following an extreme weather event. Climate change increases the likelihood of migration, displacement and places additional burden on persons with disabilities, who in many contexts already face barriers in accessing adequate housing, education, health care, food, water and sanitation. 16. Age Children and older people are especially affected by the negative impacts of climate change. The increasing frequency and intensity of natural disasters, changing precipitation patterns, food and water shortages, and the increased transmission of communicable diseases, threaten the enjoyment of children’s and older people’s rights to health, life, food, water and sanitation, housing, culture, among others. Children exposed to traumatic events such as disasters can suffer from post-traumatic stress disorder. Climate-related impacts also create a barrier to children’s enjoyment of the rights to education, health, housing, food, water and sanitation, for example where services are suspended or houses and infrastructure are destroyed or severely damaged in an emergency. 17. Rights of displaced persons and the rights of migrant Climate change contributes to the forced displacement and migration of people According to the Internal Displacement Monitoring Centre, 30 million new disaster- related internal displacements were recorded in 2020 alone. Most disaster displacement linked to extreme events and the impacts of climate change is internal, with those affected remaining within their national borders. However, displacement across borders also occurs, and may be interrelated with situations of conflict or violence. People displaced across borders in the context of climate change may face barriers in obtaining protection, if they need it. Along with many other migrants and refugees who do not have access to safe and regular migration and asylum pathways, they may face human rights risks during their journeys, and discrimination, marginalization and exploitation in countries of transit and destination. Regardless of their reasons for leaving home, climate change poses an additional challenge for people on the move. Many displacement emergencies develop in border areas that are particularly vulnerable to the effects of climate change. 18. Rights of the Child Climate change undermines the human rights of children and young people by harming them in the present and by reducing their chances to enjoy their human rights in the future. The UN Human Rights Council recognizes that children are among the groups most affected by climate change. They are particularly affected because of their 26  specific metabolism, physiology and developmental needs. For example, shortages of safe water and food staples can result in long-lasting and even irreversible impacts on the cognitive and physical growth of children. Extreme weather events may force children into displacement. Children may become orphaned or separated from their families, leaving them at greater risk of becoming victims of violence, physical abuse, child labour, trafficking and exploitation. These are just some of the ways that climate change impacts different groups unevenly and unequally. But this does not mean these groups are passive victims. Those who are most affected by climate change are often the ones who have the most insight into its effects and are most active in fighting climate inaction and demanding justice. Their full and meaningful participation in decision-making processes is fundamental to human rights-consistent climate action. Learn how activists, Melissa Mollen-Dupuis and Adenike Oladosu, approach how the climate crisis affects safeguarding and inequality: Women, elders, children. People, that we say, of colour. Indigenous Peoples, people with disabilities also. Like, physical disabilities, any type of capacity that is encroached either physically or socially. They’re the first that is going to have the poverty coming in. The lack of access to clean water. The lack of access to safe food, healthy food. Due to the fact that the climate change crisis has been making the poor more vulnerable, you know, trying to erode the middle class leaving the poor and the rich. So, it is widening that gap everyday as the crisis increases. I think to me, the most vulnerable people need to protected. And those in the developing countries also need to be protected. Because they don't have much of this acumen or capacity building when it comes to protecting climate change. So, if this set of people are given the attention think it's going to help a long way in trying to sustain the vulnerable people's livelihoods from being lost. What is "Climate Justice"? Climate justice is a term used by organizations and social movements to highlight the justice implications of the climate crisis and the need to design just policy responses to climate change. Climate justice is a term used by organizations and social movements to highlight the justice implications of the climate crisis and the need to design just policy responses to climate change. Climate justice looks at the root causes of the climate crisis and how climate change builds on and magnifies inequalities among countries and within countries. Climate justice demands that such imbalances and injustices are addressed. It starts by centering climate action in human rights perspectives, recognizing the knowledge and acknowledging the demands of groups and communities most affected by the climate crisis. Gender, racial, class, ethnic, disability and intergenerational justice are essential to achieve climate justice. Using human rights-based mechanisms, tools and tactics can provide a crucial contribution to shape climate action. Centring climate action on human rights, including by taking into account the wealth of knowledge, ideas and solutions that people at the frontline of climate change 27 have developed, could bring us a long way in building a safer, more just and more sustainable society. Learn what climate justice means to environmental activist and eco-feminist Adenike Oladosu: Climate justice to me it means that trying to bring sustainable solutions on the table, you know, trying to our activities without harming the environment in any way. You know, bringing sustainable finance, innovative ideas that can help power our world without affecting our health. So, we just have to find ways, you know, climate justice has cut across every sector. It could be energy, structure, infrastructure, wars, environment, agriculture. It is not just limited to environment, you know, because climate change is now affecting our education our social, economic, political and every aspect you can think about. is now and everyday issue, it is now a reality, no longer a threat. You know, so we have to see this from different lenses. Every sector has to go sustainable, you know. Regional instruments and protections The international human rights system is complemented by five regional human rights systems: 1. European Convention of Human Rights 2. American Convention on Human Rights 3. African Charter on Human and Peoples’ Rights 4. ASEAN Human Rights Declaration 5. Arab Charter on Human Rights The European, the African and the American regions have human rights systems consisting of a set of human rights treaties – European Convention of Human Rights, American Convention on Human Rights and African Charter on Human and Peoples’ Rights - and of procedures to review and monitor their implementation. All three systems also have Courts in place that have the authority to judge on complaints submitted by individuals and states over alleged human rights violations – the European Court of Human Rights, the Inter-American Court of Human Rights and the African Court on Human and Peoples Rights. These regional human rights systems helped achieve crucial changes in the laws and in the judicial practice of many countries. The human rights enshrined in regional treaties have been extensively interpreted in cases brought before the Courts, and this case-law is an important source of information and guidance for national judges, prosecutors and lawyers. National instruments and protections Most countries have established National Human Rights Institutions (NHRIs). These institutions are public bodies tasked to promote and monitor the effective implementation of international and regional human rights standards at the national level. NHRIs perform core human rights protection functions, especially in relation to human rights defenders. They also play a role in advancing all aspects of the rule of law, including the judiciary, law enforcement agencies and the penitentiary system. Some NHRIs have the power to carry out enquiries and investigations. NHRIs spread human rights awareness, working in partnership with civil society organizations, the media, and the education sector to foster a 28 universal culture of human rights. They are key in guaranteeing a safe and enabling environment for the defense of human rights. National human rights institutions therefore stand on the frontline of the enforcement and implementation of human rights. Several NHRIs are carrying out activities to promote human rights-based climate action. Universal Periodic Review & national recommendations The Universal Periodic Review (UPR) is a UN Human Rights Council mechanism that aims to improve the human rights situation in all countries and address human rights violations wherever they occur. Under the UPR, every UN Member State has its human rights record reviewed every five years by other Member States that make recommendations for human rights improvements. Other stakeholders, such as civil society organizations, NHRIs and regional organizations, can also provide input and information to the review process. The process then moves to implementation of recommendations at national level. Although accepted recommendations are non-binding, meaning that states are not legally obliged to comply and obey, the fact that a government has committed to implement them is a powerful tool for concrete steps to be taken and to push for accountability. There are an increasing number of UPR recommendations made during reviews on climate change and the environment and how to mitigate their impact on human rights. You can find the database of UPR recommendations here. The Paris Agreement There was a lot of anticipation for the international climate change conference that took place in Paris in 2015. The conference adopted an international treaty - the Paris Agreement - aimed at setting all countries on a course to limit global warming to well below 2°C, preferably to 1.5°C, compared to pre-industrial levels. While much of the focus was on the global impact of this new international agreement, one of the most important outcomes were the national commitments made to try and achieve the global temperature goal. The Paris Agreement gave new life to how climate action is tackled at the national level. One of the most important substantive outcomes of the Paris Agreement was the requirement to all state parties to adopt national plans to reduce emissions and adapt to the impacts of climate change. These are called ‘Nationally Determined Contributions’ (NDCs). Revised and increasingly ambitious NDCs must be submitted every five years. NDCs represent the yardstick by which to assess Parties’ compliance with the Paris Agreement, and more generally, progress to meet the temperature goal to stay well below 2°C (and ideally 1.5°C) global temperature increase. In order to comply with states’ human rights obligations, NDCs must: ▪ Be developed in an inclusive manner, particularly ensuring the participation of those most affected and marginalized 29 ▪ Contain clear references to human rights principles and standards ▪ Be consistent with international human rights obligations and include relevant indicators, targets and benchmarks ▪ Align states’ targets and plans to reduce emissions with a goal of keeping the increase of the global average temperature no higher than 1.5°C above pre-industrial levels. ▪ Reflect each state’s level of responsibility and capacity Since the adoption of the Paris Agreement, individuals and groups all over the world have relied on NDCs to hold States to account for failing to adopt ambitious climate laws and policies, or to enforce these. NDCs have thus become a tool to scrutinize State action and commitments on climate change and assess compliance with human rights obligations under national and international law. Tackling climate change requires that ultimately States adopt NDCs consistent with the 1.5°C temperature goal and their human rights obligations, implement their NDCs, and thus reduce emissions at the national and subnational level, while at the same time making adequate preparations to adapt to the adverse impacts of climate change. While action at national level is crucial, the Paris Agreement provides an important framework for inter-state cooperation on a series of crucial matters, including finance, technology transfer and capacity-building, that are essential to ensure that developing countries can also set up sufficiently ambitious national commitments and implement them. States’ responsibilities for addressing climate change As clarified by the UN Special Rapporteurs on Human Rights and the Environment and several UN human rights treaty bodies, states have human rights obligations in relation to climate change and when taking climate action. In particular, states owe specific obligations to members of groups particularly at risk of harm from climate change, such as women, children, Indigenous Peoples, minority groups, older people and people with disabilities. In addressing climate change, states’ human rights obligations require: Mitigation In order to further prevent the current and future negative human rights impacts of climate change, states must take all achievable steps to the full extent of their abilities to reduce emissions of greenhouse gasses within the shortest possible time-frame. They must ensure that mitigation activities do not themselves contribute to human rights violations. Examples of mitigation measures include: a. Phasing out fossil fuels and shifting to renewable energy, b. Reducing energy demand by improving energy efficiency, changing management practices or consumer behaviour, insulating buildings, investing in low-carbon public transportation, c. Promoting sustainable agricultural practices such as agroecology and protecting, restoring and expanding forests and other carbon “sinks”. 30 Adaptation All states must take appropriate measures to assist those within their jurisdiction to adapt to the likely and unavoidable effects of climate change, thus minimizing the impact of climate change on their human rights, particularly on those most endangered by the negative impacts of climate change, such as those marginalised and living in climate-vulnerable areas. They must ensure that adaptation activities do not themselves contribute to human rights violations. Provide remedy for loss and damage States must guarantee effective remedies for human rights violations associated with the impacts of climate change and with climate change response measures, including providing compensation for loss and damage International cooperation States must participate in international cooperation to tackle the climate crisis in an equitable manner. Wealthy industrialised countries must reduce emissions faster than others and provide support to developing countries to implement mitigation and adaptation measures, on the basis of their historic responsibilities for causing climate change, and their greater capacity to deliver solutions. Wealthy countries must also provide acceptable technical and financial support to address loss and damage in developing countries. Regulation of business activities States must take adequate measures to protect all persons from human rights harms caused by business activities, including harms resulting from businesses’ contributions to climate change, and, where such harms do occur, ensure effective remedies. Learn how environmental activist, Ashish Kothari, approaches climate adaptation and state accountability: In India I think if people are adapting to what's happening first because of biodiversity loss and the loss of land and pollution and so on and now climate also it is amongst the communities that there is some level of adaptability. Now like I said it is not so easy because the rate of change is much faster but nevertheless there are things that they are trying to do, for instance many farming communities have brought back their own traditional diversity of seeds into cultivation. Then some of them had switched into the so called 'Green Revolution' with monocultures, but they realized that with the changes taking place monocultures are extremely risky because if something happens and one crop is lost, everything is lost. So actually bringing back diversity in the growing or in their pastoralism that's been one significant or protecting the forests around them so that they have something to fall back on if there is a drought or a flood or whatever. So that level of thinking and adaptation and innovation is taking place, unfortunately nowhere near what is needed in and is happening in the government. Holding states to account As you’ve started to explore, dedicated international, regional and national mechanisms have been put in place to be both the custodians and the monitors of human rights, and ensure that states comply with their obligations to respect, protect and fulfill human rights. 31 As you’ve started to explore, dedicated international, regional and national mechanisms have been put in place to be both the custodians and the monitors of human rights, and ensure that states comply with their obligations to respect, protect and fulfill human rights. Human rights mechanisms provide a channel for individuals and groups to demand respect for human rights via advocacy, monitoring and reporting. Human rights mechanisms also provide an avenue for victims of violations to denounce breaches of their rights and put pressure on states to respect them. Victims and activists can also seek remedies such as justice, compensation and reparation through national, regional and international courts. How to Hold States to Account Through the Courts Human rights complaints associated with climate change can be formulated in two main ways. An applicant (the term used for a person starting legal proceedings such as a lawsuit): ▪ May complain that failure to act on climate change (or failure to take adequate measures) has resulted in human rights violations (e.g. a failure to adopt and/or implement climate change legislation) ▪ May complain that certain actions have led to human rights violations (e.g. permits or licenses to extract fossil fuels or log forests) Sounds easy? There are a couple of technical obstacles to successfully argue the relationship between human rights and climate change action or inaction. a. Applicants need to find a court, or alternatively a tribunal, commission or board with the right to hold hearings, that is willing and able to hear human rights complaints associated with climate change. b. Applicants need to persuade this body that they have standing to be heard in relation to such a complaint and convince them they have suffered a human rights violation, and that the responsibility for such violation may be attributed to the state. c. Applicants must provide proof that human rights violations have occurred and that these are the result of action or inaction by state actors. d. Most human rights complaints concerning climate change remain ongoing at the time of writing, but a few have been successful. e. Throughout the course you will explore some landmark examples of success stories in holding states to account The Work of Activists: Activists around the world have increasingly used human rights arguments to call for states to undertake greater efforts to reduce greenhouse gas emissions and to compensate for personal injury and property damage associated with the impacts of climate change. Human rights remedies perform a particularly important role, when no other remedies are available. While judicial enforcement and litigation are important means to ensure state compliance with their human rights obligations - campaigns, rallies and protests are equally important tools to put pressure on governmental agencies to uphold their human rights obligations. Similarly, civil society and the media have an important role to play in promoting vigilance over implementation, and to name and shame those states that fall short of their obligations. Not only does naming and shaming generate pressure for change and reform, but also celebrating victories and can persuade other governments and institutions to embrace change. Not just 32 naming and shaming puts pressure on, also celebrating victories, states being good examples to others, can help. State of the Netherlands v. Urgenda Foundation One groundbreaking example of holding states to account through the application of law is when the environmental group Urgenda Foundation, along with almost 900 citizens in the Netherlands, sued the Dutch government for endangering the human rights of all Dutch citizens by not meeting the minimum climate goals to reduce emissions. They started the case in 2013, and in 2015 the District Court ruled in Urgenda’s favor, a decision which was upheld by the Supreme Court in 2019 after the Dutch state appealed the first ruling. The court decisions declared that the Dutch state had failed to meet its obligations under the European Convention on Human Rights, by not taking adequate action to reduce emissions. The litigation resulted in the adoption of new climate laws in the Netherlands. School Strike for Climate The School Strike for Climate campaign, also known as Fridays for Future, initiated by youth activist Greta Thunberg, has become an international movement of school students who take time off from class to participate in demonstrations to demand action from political leaders to take action to prevent climate change and for the fossil fuel industry to transition to renewable energy. As a result of pressure from the movement, many national and subnational law and policy makers have declared a climate emergency. It is not necessary for human rights group