CCPR/C/135/D/3624/2019
may be in violation of article 6 of the Covenant even if such threats and situations do not
result in the loss of life.36 The Committee considers that such threats may include adverse
climate change impacts and recalls that environmental degradation, climate change and
unsustainable development constitute some of the most pressing and serious threats to the
ability of present and future generations to enjoy the right to life. 37 The Committee recalls
that States parties should take all appropriate measures to address the general conditions in
society that may give rise to direct threats to the right to life or prevent individuals from
enjoying their right to life with dignity.38
8.4
The Committee takes note of the State party’s position that the extension of article
6 (1) of the Covenant to a right to life with dignity through general comment No. 36 (2108)
is unsupported by the rules of treaty interpretation, with reference to article 31 of the Vienna
Convention on the Law of Treaties (1969). However, the Committee is of the view that the
language at issue is compatible with the latter provision, which requires that a treaty be
interpreted in good faith in accordance with the ordinary meaning to be given to the terms of
the treaty in their context and in the light of its object and purpose. In this regard, the
Committee notes that under article 31 of the Convention, the context for interpretation of a
treaty includes in the first place the text of the treaty, including its preamble and annexes. In
the preamble of the Covenant, it is recognized initially that the inherent dignity and the equal
and inalienable rights of all members of the human family are the foundation of freedom,
justice and peace in the world and it is also recognized that those rights derive from the
inherent dignity of the human person. While the State party notes that socioeconomic
entitlements are protected under a separate Covenant, the Committee observes that the
preamble of the present Covenant recognizes that the ideal of free human beings enjoying
freedom from fear and want can be achieved only if conditions are created whereby everyone
may enjoy their civil and political rights, as well as their economic, social and cultural rights.
8.5
The Committee observes that both it and regional human rights tribunals have
established that environmental degradation can compromise effective enjoyment of the right
to life and that severe environmental degradation can adversely affect an individual’s wellbeing and lead to a violation of the right to life.39 In the present case, the Committee notes
that the Torres Strait Regional Administration, a government agency, recognized in its report
entitled “Torres Strait Climate Change Strategy 2014–2018” the vulnerability of the Torres
Strait islands to significant and adverse climate change impacts that affect ecosystems and
the livelihoods of the islands’ inhabitants.40 The Committee also notes the authors’ claims
regarding their islands’ exposure to flood-related damage, sea wall breaches, coral bleaching,
increasing temperatures, erosion, reduction of the number of coconut trees and marine life
used for food and cultural purposes, and a lack of rain and its effect on crop cultivation
(paras. 2.3–2.5 and 5.2).
8.6
The Committee recalls that in certain places, the lack of alternatives to subsistence
livelihoods may place individuals at a heightened risk of vulnerability to the adverse effects
of climate change.41 The Committee takes into account the authors’ argument that the health
of their islands is closely tied to their own lives. The Committee notes, however, that while
the authors attest to feelings of insecurity engendered by a loss of predictability of seasonal
weather patterns, seasonal timing, tides and availability of traditional and culturally important
food sources, they have not indicated that they have faced or currently face adverse impacts
on their own health or a real and reasonably foreseeable risk of being exposed to a situation
of physical endangerment or extreme precarity that could threaten their right to life, including
their right to a life with dignity. The Committee also notes that the authors’ claims under
article 6 of the Covenant relate mainly to their ability to maintain their culture, which falls
under the scope of article 27 of the Covenant.
36
37
38
39
40
41
General comment No. 36 (2018), para. 7.
Ibid., para. 62.
Ibid., para. 26.
Portillo Cáceres et al. v. Paraguay, para. 7.4 and footnotes 45 and 46.
Land and Sea Management Unit, Torres Strait Regional Authority, Torres Strait Climate Change
Strategy 2014–2018, July 2014.
Teitiota v. New Zealand, para. 9.9.
13