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http://dx.doi.org/10.17176/20221003-230341-0 https://verfassungsblog.de/rising-before-sinking/ Rising Before Sinking - The UN Human Rights Committee’s landmark decision in Daniel Billy et al. v. Australia Kahl, Verena eng 2022-10-03 electronic resource text/html ddc:342 Climate climate change Climate Crisis Human Rights Small Islands UN Human Rights Committee Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 On 22 September 2022, just one day before global climate protests took place in around 450 locations, the UN Human Rights Committee (Committee) has published its landmark decision in the case Daniel Billy et al. v. Australia. In casu, the Committee found that Australia failed to adequately protect members of an indigenous community present in four small, low-lying islands in the Torres Strait region from adverse impacts of climate change, which resulted in the violation of the complainants’ rights to enjoy their culture (Art. 27 ICPPR) and to be free from arbitrary interferences with their private life, family and home (Art. 17 ICCPR). The Committee thereby issued the first decision at the international level to tackle substantive human rights questions in the context of climate change that relate to the current situation of small islands and their indigenous inhabitants.