Human Rights Approaches to Climate Change

An Emergent Planetary Health Law

“…70 Until the Paris Agreement, recognition of the importance of the right to health in international environmental law, held so dearly by global health law, had been 'slow', 71 despite the UNFCCC acknowledging the negative impact of climate change on the health of humans. 72 This is perplexing because a State's inability to take effective climate action would directly or indirectly breach health standards 73 and conditions that make health possible, which, according to General Comment 14 of the UN Committee on Economic, Social and Cultural Rights (CESCR), include 'access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, [and] healthy occupational and, notice this: environmental conditions'. The word 'health' appeared only twice in the UNFCCC, Article 1(1) of which merely acknowledges that 'adverse effects of climate change' entail changes that have 'significant deleterious effects' on 'human health and welfare', with Article 4(f) requiring that appropriate methods be adopted to reduce 'adverse effects … on public health and on the quality of the environment'.…”

A human rights approach to climate litigation before the ECOWAS court

“…37 However, the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) do not contain the right to a clean environment or the right to a climate conducive to the sustenance of life. 38 In spite of this, human rights such as the right to life, the right to health, the right to culture, 39 the right to adequate housing, the right to food, 40 the right to water, the right to livelihood, the right to self-determination 41 and the rights of present and future generations, 42 among others have been used in climate change litigation. However, on 28 July 2022, the United Nations General Assembly passed a resolution recognising the right to a clean, healthy, and sustainable environment as a human right.…”

Reconsidering REDD+

“…194 It is now widely recognised that climate change threatens and could undermine the enjoyment of almost all protected human rights, including rights to life, health, water, food, housing, development and self-determination. 195 The human rights frame has been taken up in legal advocacy, 196 and the close connection between climate change and human rights has been articulated in different Human Rights Council resolutions 197 and explored by the Office of the High Commissioner for Human Rights (OHCHR) 198 and different mandate holders, 199 and UN treaty bodies. 200 Arguably such responses primarily remain 'patently inadequate and premised on forms of incremental managerialism and proceduralism which are entirely disproportionate to the urgency and magnitude of the threat'.…”