Report to the International Court of Justice International Court of Justice Advisory Opinion on the Obligation of States in Respect of Climate Change Joint Submission of the International Human Rights Program, University of Toronto Faculty of Law and Greenpeace Canada March 2024 International Human Rights Program Greenpeace Canada ihrp.law.utoronto.ca greenpeace.org/canada Toronto, Canada Toronto,. [...] 2 International Tribunal for the Law of the Sea, Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law (12 December 2022), 3 Inter-American Court of Human Rights, Request for an advisory opinion the Climate Emergency and Human Rights submitted to the Inter-American Court of Human Rights by the Republic of Colombia and the Republi. [...] These obligations flow from international human rights instruments to which Canada is a party and/or adopted by Canada domestically, including, among other things: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination on All Forms of Discrimination Ag. [...] According to UNICEF, close to 90 per cent of the burden of diseases attributable to climate change is borne by children under the age of five.20 As a party to the Convention on the Rights of the Child, Canada is obligated to recognize the right of the child to the enjoyment of the highest attainable standard of health under Article 24.21 This right has been interpreted by the UN Committee on the R. [...] Knox explains that substantive obligations of States involve taking measures that aim to “protect against and respond to environmental harm that may or does interfere with the enjoyment of human rights”, such as the adoption of legal and institutional frameworks.39 The content of the obligations of States to protect against environmental harms depends on the content of the State’s duties in respec.
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Table of Contents
- I. Introduction 4
- II. Canada’s obligations in respect of climate change 5
- A. The relationship between climate change and Canada’s international human rights obligations 5
- a) Canada’s obligations under the International Covenant on Civil and Political Rights 5
- b) Canada’s obligations under the International Covenant on Economic, Social and Cultural Rights 6
- c) Canada’s obligations under other international human rights instruments 7
- B. Canada’s obligations in respect of climate change under international human rights law 10
- C. Canada is failing to fulfill its obligations in respect of climate change 12
- a) Failure to reduce emissions 12
- b) Support for fossil fuel projects and corporations 13
- c) Subsidies and public financing of the oil and gas sector 14
- d) Failure to regulate transnational business and ensure corporate accountability 16
- e) The clean energy transition and threats to human rights 18
- III. Legal consequences for Canada 19