United nations a

7/23. Human rights and climate change

The Human Rights Council,

Concerned that climate change poses an immediate and far-reaching threat to people and communities around the world and has implications for the full enjoyment of human rights,

Recognizing that climate change is a global problem and that it requires a global solution,

Reaffirming the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Vienna Declaration and Programme of Action,

Noting the findings of the fourth assessment report of the Intergovernmental Panel on Climate Change, including that the warming of the climate system is unequivocal and that most of the observed increase in global average temperatures since the mid-twentieth century is very likely human-induced,

Recognizing that the United Nations Framework Convention on Climate Change remains the comprehensive global framework to deal with climate change issues, reaffirming the principles of the Framework Convention as contained in article 3 thereof, and welcoming the decisions of the United Nations Climate Change Conference held in Bali, Indonesia, in December 2007, and in particular the adoption of the Bali Action Plan,

Recalling that the Vienna Declaration and Programme of Action reaffirmed the right to development, as established in the Declaration on the Right to Development, as a universal and inalienable right and as an integral part of fundamental human rights,

Recognizing that human beings are at the centre of concerns for sustainable development and that the right to development must be fulfilled so as to equitably meet the development and environmental needs of present and future generations,

Recognizing also that the world’s poor are especially vulnerable to the effects of climate change, in particular those concentrated in high-risk areas, and also tend to have more limited adaptation capacities,

Recognizing further that low-lying and other small island countries, countries with low lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change,

Recalling the relevant provisions of declarations, resolutions and programmes of action adopted by major United Nations conferences, summits and special sessions and their follow-up meetings, in particular Agenda 21 and the Rio Declaration on Environment and Development, and the Johannesburg Declaration on Sustainable Development and the Johannesburg Plan of Implementation,

Recalling also Commission on Human Rights resolution 2005/60 of 20 April 2005 on human rights and the environment as part of sustainable development,

Recalling further Council resolution 6/27 of 14 December 2007 on adequate housing as a component of the right to an adequate standard of living and in particular paragraph 3 thereof, and Council decision 2/104 of 27 November 2006 on human rights and access to water,

Taking note of the contribution provided by special procedures of the Council in examining and advancing the understanding of the link between the enjoyment of human rights and the protection of environment,

Taking note also of the conclusions and recommendations contained in the report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health to the General Assembly (A/62/214), which include a call for the Council to study the impact of climate change on human rights,

1. Decides to request the Office of the United Nations High Commissioner for Human Rights, in consultation with and taking into account the views of States, other relevant international organizations and intergovernmental bodies including the Intergovernmental Panel on Climate Change and the secretariat of the United Nations Framework Convention on Climate Change, and other stakeholders, to conduct, within existing resources, a detailed analytical study on the relationship between climate change and human rights, to be submitted to the Council prior to its tenth session;

2. Encourages States to contribute to the study conducted by the Office of the High Commissioner;

3. Decides to consider the issue at its tenth session under agenda item 3, and thereafter to make available the study, together with a summary of the debate held during its tenth session, to the Conference of Parties to the United Nations Framework Convention on Climate Change for its consideration.

41st meeting
28 March 2008
Adopted without a vote. See chapter III.

7/24. Elimination of violence against women

The Human Rights Council,

Reaffirming the obligation of all States to promote and protect all human rights and fundamental freedoms, and reaffirming also that discrimination on the basis of sex is contrary to the Charter of the United Nations, the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and other international human rights instruments, and that its elimination is an integral part of efforts towards the elimination of violence against women and girls,

Reaffirming also the Vienna Declaration and Programme of Action, the Declaration on the Elimination of Violence against Women, the Beijing Declaration and Platform for Action, the outcome of the twenty-third special session of the General Assembly entitled “Women 2000: gender equality, development and peace for the twenty-first century”, and the Declaration adopted at the forty-ninth session of the Commission on the Status of Women,

Reaffirming further the international commitments in the field of social development and to gender equality and the advancement of women made at the International Conference on Population and Development, the World Summit for Social Development and the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as those made in the United Nations Millennium Declaration and at the 2005 World Summit,

Reaffirming Commission on Human Rights resolution 1994/45 of 4 March 1994, in which it decided to appoint a Special Rapporteur on violence against women, its causes and consequences,

Reaffirming also Council resolution 6/30 of 14 December 2007 on integrating the human rights of women throughout the United Nations system, all resolutions of the Commission on Human Rights on the elimination of violence against women, all General Assembly resolutions relevant to the elimination of all forms of violence against women, in particular resolution 61/143 of 19 December 2006, and Security Council resolution 1325 (2000) of 31 October 2000 on women, peace and security,

Recalling the inclusion of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court,

Deeply concerned that all forms of discrimination, including racism, racial discrimination, xenophobia and related intolerance and multiple or aggravated forms of discrimination and disadvantage can lead to the particular targeting or vulnerability to violence of girls and some groups of women, such as women belonging to minority groups, indigenous women, refugee and internally displaced women, migrant women, women living in rural or remote communities, destitute women, women in institutions or in detention, women with disabilities, elderly women, widows and women in situations of armed conflict, women who are otherwise discriminated against, including on the basis of HIV status, and victims of commercial sexual exploitation,

Welcoming the launch of the campaign of the Secretary-General in February 2008 to end violence against women,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March 2006,

Recalling its resolutions 5/1 on institution-building of the United Nations Human Rights Council and 5/2 on the Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council, of 18 June 2007, and stressing that the mandate-holder shall discharge his/her duties in accordance with these resolutions and the annexes thereto,

1. 1Strongly condemns all acts of violence against women and girls, whether these acts are perpetrated by the State, private persons or non-State actors, and calls for the elimination of all forms of gender-based violence in the family, within the general community and where perpetrated or condoned by the State, in accordance with the Declaration on the Elimination of Violence against Women, and stresses the need to treat all forms of violence against women and girls as a criminal offence, punishable by law, as well as the duty to provide access to just and effective remedies and specialized assistance to victims, including medical and psychological assistance, as well as effective counselling;

2. Welcomes the work of the Special Rapporteur on violence against women, its causes and consequences;

3. Takes note of the latest report of the Special Rapporteur (A/HRC/7/6), which includes efforts to formulate indicators on violence against women, as well as her previous reports on intersections between culture and violence against women (A/HRC/4/34) and on the due diligence standard as a tool for elimination of violence against women (E/CN.4/2006/61);

4. Welcomes the initiatives, increasing efforts and important contributions at the local, national, regional and international levels to eliminate all forms of violence against women and girls, and encourages, as a contribution to the effective implementation of the mandate of the Special Rapporteur on violence against women, its causes and consequences, the continued efforts of States, all United Nations bodies, funds and programmes, regional organizations and non-governmental organizations, including women’s organizations, to build upon and support, including through the allocation of adequate resources, these successful initiatives, and to support and participate in regional consultations in this area;

5. Decides to extend the mandate of the Special Rapporteur on violence against women, its causes and consequences, for a period of three years;

6. Invites the Special Rapporteur, in carrying out this mandate, within the framework of the Universal Declaration of Human Rights and all other international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women, the Declaration on the Elimination of Violence against Women and the Beijing Declaration and Platform for Action:

(a) To seek and receive information on violence against women, its causes and its consequences, from Governments, treaty bodies, specialized agencies, other special rapporteurs responsible for various human rights questions, and intergovernmental and non-governmental organizations, including women’s organizations, and to respond effectively to such information;

(b) To recommend measures, ways and means, at the local, national, regional and international levels, to eliminate all forms of violence against women and its causes, and to remedy its consequences;

(c) To work closely with all special procedures and other human rights mechanisms of the Council and with the treaty bodies, taking into account the request of the Council that they regularly and systematically integrate the human rights of women and a gender perspective into their work, and cooperate closely with the Commission on the Status of Women in the discharge of its functions;

(d) To continue to adopt a comprehensive and universal approach to the elimination of violence against women, its causes and consequences, including causes of violence against women related to the civil, cultural, economic, political and social spheres;

7. Requests the Special Rapporteur, to report to the Council in accordance with its annual programme of work;

8. Encourages the Special Rapporteur, with a view to promoting greater efficiency and effectiveness and to enhancing his/her access to the information necessary to fulfil his/her duties, to continue to cooperate with regional intergovernmental organizations and any of their mechanisms engaged in the promotion and protection of the human rights of women and girls;

9. 1Calls upon all Governments to cooperate with and assist the Special Rapporteur in the performance of his/her mandated tasks and duties, to supply all information requested, including with regard to implementation of the recommendations of the Special Rapporteur, and to give serious consideration to responding favourably to his/her requests for visits and communications;

10. Requests special procedures of the Council, United Nations organs and bodies, specialized agencies and intergovernmental organizations, and encourages the human rights treaty bodies, to continue to give consideration to violence against women and girls within their respective mandates, to cooperate with and assist the Special Rapporteur in the performance of his/her mandated tasks and duties and, in particular, to respond to his/her requests for information on violence against women, its causes and consequences;

11. Requests the Secretary-General to continue to provide the Special Rapporteur with all necessary assistance for the effective fulfilment of his/her mandate, in particular staff and resources, including to carry out and follow up on missions;

12. Also requests the Secretary General to ensure that the reports of the Special Rapporteur are brought to the attention of the Commission on the Status of Women, the General Assembly and the Committee on the Elimination of Discrimination against Women, and requests the Special Rapporteur to present an oral report annually to the Commission and to the Assembly;

13. Decides to continue consideration of the issue of the elimination of all forms of violence against women, its causes and consequences, as a matter of high priority, in conformity with its annual programme of work.

41st meeting
28 March 2008
Adopted without a vote. See chapter III.