Summary

In the present report, the Special Rapporteur on the promotion and protection of human rights in the context of climate change, Ian Fry, reviews current efforts by Governments to include human rights considerations in climate change-related legislation and reflect them in constitutions. He also reviews the application of human rights obligations in climate change litigation and explores the various limitations of litigation owing to substantive and procedural blockages. In the report, he notes the critical role of litigation in placing obligations on Governments, corporations and society as a whole to take decisive action to address climate change and the respective human rights obligations that underpin their corresponding responsibilities. Lastly, he explores the application of the principle of intergenerational equity and how it is evolving into intergenerational justice. The present report is a snapshot of current trends with respect to legislation, litigation and intergenerational justice. It is aimed at providing direction on incorporating human rights considerations into those three elements and is not intended to be a comprehensive review of those elements.