opinion

Opinion of the National Human Rights Commission on the climate crisis and human rights - opinion

Filing Year For Action

In 2020, forty one South Koreans, including farmers, fishermen, coastal residents, and youth filed a complaint with the National Human Rights Commission (NHRC) alleging that their human rights, including the right to life and the right to health, were violated by the climate crisis. The NHRC dismissed the petition, but later commissioned an investigation on the impact of climate change on human rights in July 2021 on its own. In January 2023, the NHRC, for the first time, issued its opinion on the climate crisis and human rights addressed to the President and the Government.

The NHRC opined that the state should recognize the protection and promotion of the human rights of all people in the context of the climate crisis as a fundamental obligation of the state and improve relevant laws and regulations to ensure that the climate crisis is approached from a human rights perspective. Specifically, the NHRC recognized that the individual fundamental rights violated by the climate crisis are virtually all human rights, including the right to life, the right to food, the right to sanitation, the right to health, the right to housing, the right to self-determination, and the right to education.

The NHRC also pointed out that the Framework Act On Carbon Neutrality And Green Growth For Coping With Climate Crisis (“Carbon Neutrality Act”) does not provide specific support measures for climate-vulnerable groups, and it urged the government to take comprehensive measures to protect climate-vulnerable groups and strengthen their adaptive capacity. According to Article 8 of the Carbon Neutrality Act, the nationally determined contribution (NDC) is to reduce GHG emissions by at least 35% of 2018 emissions by 2030. Article 3 of the Enforcement Decree of the same Act raises the NDC to 40% of 2018 emissions. However, the NHRC noted that even the enhanced NDC falls short of the reduction target set out in the IPCC's Sixth Assessment Report in 2022 (43% of 2019 emissions by 2030). In addition, the Carbon Neutrality Act does not
specify GHG reduction targets beyond 2030, which could lead to intergenerational inequities in GHG reductions. The NHRC required the government to set additional GHG reduction targets. 

Although the opinion of the NHRC does not bind the Government, this decision is the first opinion issued by a governmental body stating that the state bears an obligation to mitigate climate change, and that the current response is insufficient to protect the human rights of its people.

Opinion of the National Human Rights Commission on the climate crisis and human rights

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions to adapt human health, healthcare systems and well-being to climate change.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

People who have left their homes, whether through force, voluntarily, or a mixture of both

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

This sector involves the distribution, treatment, and conservation of water resources.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Opinion of the National Human Rights Commission on the climate crisis and human rights - opinion

Target

Policy instrument

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Adaptation/resilience