Incorporating human rights into climate action

Abstract

Climate change is having serious implications on the enjoyment of human rights as established by international human rights law instruments. Consequently, as states are obliged under international human rights law to protect, fulfill and guarantee human rights, the impacts of climate change require adequate remedies and measures. Climate action brings with it economic and financial commitments together with disputes that need full inter-state co-operation. The incorporation of human rights into climate action may be a solution to these challenges and this is the primary reason for such a thesis. A human rights-based approach would ensure better protection to communities from the impacts of climate change, particularly to those most vulnerable and which are already having their rights undermined. Although climate change itself cannot be legally attributed to a violation of human rights, its effects are already undermining them. States hesitating to act accordingly, or acting unlawful, would be tantamount to a violation of internationally established human rights. Climate action should serve as a stepping stone at enhancing human rights, helping states to achieve sustainable development and improve the quality of life of all individuals. In the face of climate change, there is the need for a universally recognised human right – the right for a safe and healthy environment. Human rights claims would be possible to be raised in international courts of law without the need to link negative climate-related impacts indirectly to various human rights. As things stand, similar claims risk at being dismissed due to an insufficient or weak cause and effect linkage. The incorporation of human rights results also in improving states’ negotiations and decision making, producing long term solutions. Climate action should be regarded also as an opportunity for states to reach new agreements that give strength to citizens in having their rights protected before the challenges of climate change. The effects of climate change are a global concern for humankind, requiring global resolutions built on solid legal foundations; these being human rights.