As world leaders convene for COP 31, a new legal brief from the Disability-Inclusive Climate Action Research Programme at McGill University and Sensing Climate at the University of Exeter argues that States have a legal obligation to recognize a dedicated constituency for persons with disabilities under the United Nations Framework Convention on Climate Change (UNFCCC).
Written by Sébastien Jodoin and Alice Venn, the brief notes that persons with disabilities are among those most endangered by climate change. Yet they remain the only major group protected by a dedicated human rights treaty without a recognized constituency in the UNFCCC. Today, disability issues reach the negotiations only when party delegations or other constituencies cede their speaking time.
The brief grounds this obligation in two legal foundations. First, recent advisory opinions of the International Court of Justice and the Inter-American Court of Human Rights, together with the European Court of Human Rights’ judgment in KlimaSeniorinnen, confirm that States must ensure the meaningful participation of affected groups in climate decision-making. Second, the Convention on the Rights of Persons with Disabilities requires States to closely consult and actively involve persons with disabilities through their representative organizations, including in international cooperation.
The brief calls on States Parties to work with the UNFCCC Secretariat to recognize a disability constituency without delay.
