A human right to climate protection – Necessary protection or human rights proliferation?

Abstract

In recent years, climate change has presented itself as a new challenge to human rights dogmatism. The present contribution examines the hurdles caused by interpreting existing regional and international human rights standards in the context of climate change, with particular reference to issues of causality, attribution, standing, and extraterritorial jurisdiction. As climate change does not neatly fit into present human rights categories, and progressive interpretation bears the risk of arbitrary and unjust results as well as overstretching the rules of interpretation, this article makes a case for an autonomous human right to climate protection without, however, losing sight of the risks of concomitant human rights overreach. It argues that a new human right to climate protection would respond to basic human needs and could allow for establishing clear legal standards that have the potential to strengthen human rights protection and secure pre-existing rights.

Protection of Human Rights Against the Environment in the Indonesian Legal System

“…Heinämäki's contributions (2021 give a concise assessment of recent advancements and successes in the field of human rights and the environment. (Fauchald et al, 2010, p. 19) Kahl (2022) argues for individual human rights as a means of protecting the planet's environment, but she also highlights the dangers of human rights activism (Kahl, 2022).…”

“…As was said before, Heinämäki predicted that this ruling will lead to further national and international lawsuits protecting people's right to a healthy environment. The difficulties of applying current human rights criteria to the issue of climate change are discussed, as well as the necessity for a distinct human right to climate protection, in Kahl's (2022) work. Human rights to climate protection, he says, may help meet fundamental needs and pave the way for more robust legal safeguards for people's rights.…”