CEDAW/C/GC/37
(e) Promote and strengthen the vital role played by subnational
governments in disaster risk reduction, service provision, emergency response,
land-use planning and climate change. To that end, adequate budgets should be
allocated and mechanisms developed to monitor the implementation of
legislation and policies at the subnational level.
C.
Extraterritorial obligations, international cooperation and
resource allocation
43. States parties have obligations both within and outside their territories to ensure
the full implementation of the Convention, including in the areas of disaster risk
reduction and climate change mitigation and adaptation. Measures such as limiting
fossil fuel use, reducing transboundary pollution and greenhouse gas emissions and
promoting the transition to renewable energy sources are regarded as crucial steps in
mitigating climate change and the negative human rights impacts of the adverse
effects of climate change and disasters globally. In its resolutions 26/27 and 29/15,
the Human Rights Council noted that the global nature of climate change called for
the widest possible cooperation by all countries and their participation in an effective
and appropriate international response. 19
44. There is currently an insufficient level of resources being dedicated to
addressing the underlying structural causes of gender inequality that increase the
exposure of women to disaster risk and the effects of climate change and to
developing gender-responsive programmes in those areas. Low-income, climatevulnerable countries face particular challenges in developing, implementing and
monitoring gender-responsive disaster risk reduction and climate change prevention,
mitigation and adaptation policies and programmes, as well as in promoting access to
affordable technology, owing to the limited availability of national public financing
and development assistance.
45. In accordance with the Convention and other international human rights
instruments, an adequate and effective allocation of financial and technical resources
for gender-responsive disaster and climate change prevention, mitigation and
adaptation must be ensured through both national budgets and international
cooperation. Any steps taken by States parties to prevent, mitigate and respond to
climate change and disasters within their own jurisdictions or extraterritorially must
be firmly grounded in the human rights principles of substantive equality and
non-discrimination, participation and empowerment, accountability and access to
justice, transparency and the rule of law.
46.
States parties, separately and in cooperation with others, should:
(a) Take effective steps to equitably manage shared natural resources, in
particular water, and limit carbon emissions, fossil fuel use, deforestation, nearsurface permafrost degradation, soil degradation and transboundary pollution,
including the dumping of toxic waste, and all other environmental, technological
and biological hazards and risks that contribute to climate change and disasters,
which tend to disproportionately negatively affect women and girls;
(b) Increase dedicated budget allocations, at the international, regional,
national and local levels, to respond to gender-specific disaster and climate
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19
18-03824
In his 2016 report (A/HRC/31/52, footnote 27), the Special Rapporteur on human rights and the
environment noted that “the failure of States to effectively address climate change through
international cooperation would prevent individual States from meeting their duties under human
rights law to protect and fulfil the human rights of those within their own jurisdiction ”.
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