September 6, 2024
Cited article by SDG Knowledge Hub (International Institute for Sustainable Development)
HRRC supports the human rights and science-based approach to tackling climate change. As the impacts of climate change increase immensely, it is critical to understand the necessity for legislation that protects the environment and the human right to life and resilience.
News Brief
Globally, we are witnessing a dramatic increase in climate change-related events. The impacts have been devastating and are affecting billions of people's livelihoods. Realizing the challenges brought by climate change, international courts are issuing advisory opinions on States’ obligations to address the climate emergency. Currently, there are three major courts that recognize the climate emergency as a human rights issue: European Court of Human Rights (ECtHR), UN Human Rights Committee, and the Inter-American Commission on Human Rights (IACHR). The courts have acknowledged that "human rights law plays a crucial role in clarifying, shaping, and strengthening States’ obligations to address the climate crisis." Two more advisory opinions will be made in the coming months as well, one by the Inter-American Court of Human Rights (IACtHR), and the other by the International Court of Justice (ICJ).
The human right to resilience "refers to the right of every individual and group to access, develop, and maintain the capacity to withstand, adapt to, and recover from the adverse impacts of climate change." From a human rights perspective, it is vital the global temperature rise remains below 1.5°C (34.7°F) above pre-industrial levels, and that we ensure our courts and legal systems are required to reassess critical factors to protect citizens. Additionally, States must act upon the “best available science”, which is a cornerstone of international environmental law. Because climate science helps identify the obligations and offers clear guidance to States on how to address the climate crisis, it can support a court’s deliberations on the scope of human rights obligations.
"Failure to take effective measures or implement adequate measures to address the climate emergency could constitute a breach of international human rights law."