CCPR/C/135/D/3624/2019
10.
In the Urgenda case, The Hague Court of Appeal characterized climate change as
“a real and imminent threat” requiring the State to “take precautionary measures to prevent
infringement of rights as far as possible” (para. 43).
11.
The Court further held that “it is appropriate to speak of a real threat of dangerous
climate change, resulting in the serious risk that the current generation of citizens will be
confronted with loss of life and/or a disruption of family life” (para. 45).
12.
The authors have ably informed the Committee that the current state of affairs and
existence in the Torres Strait islands is under imminent threat owing to ongoing climate
change and therefore the State party should take immediate adaptive precautionary measures
to thwart climate changes and preserve the lives of the islanders, including their health and
livelihood. Any further delays or non-action by the State party will continue to put the lives
of the citizens at risk, which is a blatant violation of article 6 (1) of the Covenant.
13.
Accordingly, I find that there is a violation of article 6 and as a Committee, we should
implore the State party to take immediate measures to protect and preserve the lives of the
people of the Torres Strait islands. In order to uphold the right to life, States must take
effective measures (which cannot be taken individually) to mitigate and adapt to climate
change and prevent foreseeable loss of life.
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