A/77/189 16. In preparing the report, the Special Rapporteur issued a questionnaire on the impact of climate change and the protection of the human rights of migrants. He expresses his gratitude to all those States, United Nations entities, academia and civil society organizations who provided their contributions. 2 The report is based primarily on the inputs and submissions received, complemented by additional research, data and legal documentation issued by the United Nations, international organizations and States, as well as civil society organizations, academics and other open resources, that were publicly available as of May 2022. B. International legal instruments and policy frameworks on cross-border migration in the context of climate change 1. Human rights law and refugee law 17. International human rights law, norms and standards relating to migration in the context of climate change offer a comprehensive and flexible framework for the protection of all migrants in vulnerable situations, including those affected by climate change. Under the International Covenant on Civil and Political Rights, in conjunction with the International Covenant on Economic, Social and Cultural Rights, the inherent right to life of every individual without discrimination is guaranteed, as is the applicability of other fundamental rights to migrants, including the right to an adequate standard of living, health, personal integrity and freedom of movement. Pursuant to the above-mentioned Covenants, all States have the obligation to respect, protect and fulfil human rights for all without discrimination. Human rights obligations, standards and principles have the potential to inform and strengthen international, regional and national policymaking in the area of climate change. Moreover, all international human rights instruments apply to all migrants, and discrimination against them is prohibited on the grounds of their nationality or migration status. 18. The Special Rapporteur further refers to the principles of equality and non-discrimination. Such principles are core human rights principles reflected in the above-mentioned Covenants and in several other instruments, including the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Elimination of All Forms of Racial Discrimination. By disproportionately affecting persons in vulnerable situations, including migrants compelled to move owing to the adverse effects of climate change, children, older persons, persons with disabilities, women at risk, migrant workers, indigenous peoples, minorities and other groups, climate change threatens the fulfilment of States’ obligations regarding non-discrimination and equality. 3 It must be acknowledged that human rights law can establish grounds of admission and stay for migrants, which give effect to international human rights obligations and principles. These include the right to private and family life and the deriving obligation to maintain family unity, the principle of the best interests of the child, the right to health, the principle of equality and non-discrimination, the fundamental principles and rights at work and the principle of non-refoulement. 4 19. The Convention relating to the Status of Refugees may offer protection to individuals affected by the adverse effects of climate change in some circumstances, such as where: (a) national authorities’ denial of protection from the adverse effects of climate change amounts to persecution; (b) national authorities use the negative __________________ 2 3 4 22-11278 A total of 22 submissions were received. See www.ohchr.org/sites/default/files/Documents/Issues/ClimateChange/Key_Messages_HR_ CC_Migration.pdf. See www.ohchr.org/en/migration/migrants-vulnerable-situations. 5/23