The Legal Obligation to Recognize a Constituency for Persons with Disabilities under the UNFCCC

Sébastien Jodoin & Alice Venn

Released at COP-31, this legal brief 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). 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.

Easy-to-read summary:

What is this paper about?

Climate change means the weather on Earth is changing. There are more heatwaves, floods and storms.

Climate change can be very dangerous for people with disabilities.

Countries meet at the United Nations to make plans about climate change. These meetings are called the UNFCCC. This year’s big meeting is called COP 31.

What is the problem?

At these meetings, many groups have their own team so they can speak up. For example, women, young people and Indigenous peoples each have their own team. These teams are called constituencies.

People with disabilities do not have their own team. This means people with disabilities often cannot speak for themselves at these meetings. Other people have to speak for them.

What does the paper say?

The paper was written by Sébastien Jodoin and Alice Venn.

The paper says that countries must follow international law. International law is the set of rules that countries agree to follow.

International law says:

People with disabilities have the right to take part in decisions about climate change.

People with disabilities have the right to speak for themselves through their own organizations.

So the paper says that people with disabilities must get their own team at the United Nations climate meetings.

What do we want to happen?

We want countries to give people with disabilities their own team at the climate meetings. We want this to happen now.

Nothing about us without us.