Climate Change and Human Rights

As climate change intensifies, the global community faces not just environmental challenges, but social and human rights concerns as well. The Human Rights Council has been raising awareness of the links between human rights and climate change through successive and targeted clarifications of the ways climate change affects human rights, including the adoption of a series of resolutions related to climate change and human rights since 2008. The rise in sea levels, frequent extreme weather events, and shifting ecosystems threaten the livelihood, health, and safety of millions worldwide. Increasingly, there is a growing consensus that climate change is not merely an environmental or scientific issue but a profound human rights concern. At the heart of this evolving recognition is the concept of climate justice, which calls for addressing the disproportionate impacts of climate change on vulnerable populations and ensuring that their fundamental rights are protected.

The Intersection of Climate Change, Human Rights, and Climate Justice

The United Nations General Assembly has long warned that climate change poses significant threats to fundamental human rights, including the rights to life, health, food, housing, and development. Climate change researcher Fabian Dablander emphasizes in various posts that climate justice highlights the plight of those who contribute the least to global greenhouse gas emissions—such as Indigenous communities and low-income nations—yet face the gravest impacts of rising sea levels, extreme heat, and natural disasters. These communities, often with limited resources and capacity to adapt, bear the brunt of climate change’s effects, and climate justice advocates argue that their rights must be a central consideration in climate policies.

The United Nations General Assembly’s 2022 resolution, formally recognizing the right to a clean, healthy, and sustainable environment as a human right, was the result of collaborative efforts by numerous countries, human rights advocates, and environmental organizations. The text, proposed during the 76th session as item 74 b by Andorra, Angola, Antigua and Barbuda, Armenia, Bahamas, Bhutan, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cabo Verde, Chile, Colombia, Congo, Costa Rica, Croatia, Cyprus, Czechia, Djibouti, Dominican Republic, Ecuador, Equatorial Guinea, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Jordan, Kenya, Latvia, Lebanon, Luxembourg, Maldives, Mali, Malta, Marshall Islands, Micronesia (Federated States of), Monaco, Montenegro, Morocco, Netherlands, Nigeria, North Macedonia, Palau, Panama, Peru, Portugal, Qatar, Republic of Korea, Romania, Samoa, Senegal, Slovakia, Slovenia, Spain, Switzerland, Togo, Ukraine, Uruguay, and Vanuatu to scale up efforts to ensure a healthy environment for all. These nations worked closely with various UN agencies, particularly the United Nations Environment Programme (UNEP) and the Office of the High Commissioner for Human Rights (OHCHR), to emphasize the link between environmental degradation and the violation of fundamental human rights. Their advocacy was supported by extensive research and consultations with civil society organizations, Indigenous groups, and environmental experts.

Key human rights organizations such as Amnesty International and Human Rights Watch played pivotal roles in shaping the discourse around the resolution, bringing attention to how climate change disproportionately impacts marginalized communities. Environmental organizations like Greenpeace and the Center for International Environmental Law actively campaigned for this recognition, highlighting that environmental harm directly affects people’s rights to life, health, and dignity. These coordinated efforts, combined with the growing global urgency surrounding climate change, helped to drive the resolution forward, culminating in its formal adoption by the UN General Assembly in July 2022.

Legal Precedents: Climate Justice in Courtrooms

As governments fail to implement adequate climate policies, there has been a marked rise in climate litigation. Courts are becoming pivotal arenas for enforcing climate protections and upholding human rights. One significant example is the Leghari v. Pakistan case, where a farmer sued the Pakistani government for failing to act on its own national climate policy. In 2015, the Lahore High Court ruled in favor of Asghar Leghari, declaring that the government’s inaction violated fundamental rights, such as the right to life and dignity. The court ordered immediate governmental action and established a commission to ensure compliance. This case set a major precedent in climate justice by holding governments accountable for failing to meet their climate obligations.

Similarly, the Juliana v. United States case reflects a growing trend in climate litigation. In 2015, 21 young plaintiffs sued the U.S. federal government, arguing that its failure to adequately address climate change violated their constitutional rights to life, liberty, and property. Although the case has faced legal challenges and is ongoing, it highlights the increasing use of legal systems to demand action and accountability on climate issues. These cases illustrate the growing recognition that climate inaction constitutes a violation of human rights, particularly for younger generations who will inherit the planet.

In 2013, a group of committed citizens in the Netherlands, under the leadership of the environmental organization Urgenda, embarked on a historic and unprecedented legal journey. Faced with the growing impacts of climate change—rising sea levels, extreme weather patterns, and the degradation of the environment—they recognized that these challenges were not simply environmental concerns, but fundamental threats to human life and dignity. They believed that their government’s response to these existential dangers was inadequate, and that more urgent action was required to safeguard the well-being of current and future generations.

In a bold and innovative move, Urgenda, representing 886 Dutch citizens, initiated legal proceedings against the Dutch government. Their case was founded on the premise that the government’s insufficient action on climate change constituted a violation of their human rights, specifically the right to life and the protection of private and family life, as enshrined in the European Convention on Human Rights. They argued that addressing environmental degradation was inextricably linked to the protection of these rights.

In 2015, a Dutch court ruled in their favor, mandating that the government reduce greenhouse gas emissions by at least 25% by 2020 compared to 1990 levels. The ruling was appealed, but in 2019, the Dutch Supreme Court upheld the decision, affirming that governments have a legal and moral obligation to protect their citizens from the impacts of climate change. This landmark ruling established a direct link between climate action and human rights, setting a powerful precedent not only in the Netherlands but globally.

The Urgenda v. The Netherlands case has since become a seminal moment in the international legal and environmental arenas. It demonstrated the ability of civil society to hold governments accountable for their environmental commitments and underscored the critical importance of integrating human rights into the global response to climate change. This case serves as a powerful reminder that the pursuit of climate justice is fundamentally tied to the protection of human dignity, and that meaningful action must be taken to ensure a sustainable and equitable future for all.

Another notable case occurred in Switzerland, where Swiss Elders for Climate Protection argued that the government’s insufficient climate policies violated their right to a healthy environment and exposed them to significant health risks. Recently the court ruled in favor of the elders, setting a significant precedent that emphasized the government’s obligation to protect its citizens from climate-related harms. Experts noted that this ruling reinforces the idea that failing to address climate change equates to violating fundamental human rights, particularly for vulnerable groups like the elderly. This decision is expected to inspire similar litigation efforts globally.

Climate Justice and Vulnerable Populations

The principle of climate justice is founded on the recognition that the most vulnerable populations—those least responsible for climate change—are often the most severely affected. Professor Navroz Dubash has noted that children, women, Indigenous peoples, and low-income communities face heightened risks from climate change, including exposure to natural disasters, food insecurity due to droughts and floods, and health threats from extreme weather. The elderly, in particular, are highly vulnerable to heat-related illnesses, while Indigenous communities are facing the destruction of their ancestral lands and cultural identities.

For Indigenous populations, climate change is not only an environmental challenge but also a threat to their way of life. Professor Navroz Dubash further emphasizes that their rights to land, culture, and resources must be protected in climate negotiations. Climate justice demands that these communities receive the necessary support to adapt to the changing climate while ensuring that their voices are included in policy decisions. The recognition of these rights is vital in ensuring that climate actions are both equitable and inclusive.

A Global Call for Climate Justice

The urgency of addressing climate change through a human rights lens is becoming increasingly clear. While international agreements like the Paris Agreement have established important emission reduction targets, Joana Setzer and Catherine Higham from Grantham Research Institute on Climate Change and the Environment argue that the failure of many nations to meet these targets highlights the need for stronger accountability mechanisms. Courts are playing an essential role in ensuring that climate policies are not only effective but also equitable, as demonstrated by the growing number of climate-related lawsuits.

Recent rulings in Switzerland and Pakistan represent a pivotal shift in the global response to climate change, placing human rights and climate justice at the forefront of legal and policy discussions. Dr. Maria Antonia Tigre, Director of Global Climate Change Litigation at the Sabin Center, observes that these cases are part of a broader trend where citizens and advocacy groups are using the courts to hold their governments accountable for failing to safeguard their rights in the face of the climate crisis. This movement, grounded in climate justice, stresses that the fight against climate change must be rooted in fairness, inclusivity, and the protection of human rights.

Conclusion

Climate change is undeniably a human rights issue, and central to this recognition is the concept of climate justice. As the climate crisis accelerates, vulnerable populations, including Indigenous communities, low-income nations, and marginalized groups, are disproportionately affected by its impacts. The right to a clean, healthy, and sustainable environment is now widely acknowledged as a fundamental human right, with international bodies and courts increasingly holding governments accountable for their obligations under this framework. According to The New York Times, the global movement for climate justice has gained momentum as courts and activists argue that the failure to address climate change constitutes a violation of basic human rights, especially for those most vulnerable to its effects.

Looking ahead, some experts predict that trillion-dollar legal cases are on the horizon, with individuals and communities poised to take unprecedented legal action against fossil fuel producer economies and the corporations that have historically driven global emissions. These lawsuits are increasingly built upon human rights frameworks, as plaintiffs argue that these companies and countries have not only contributed to environmental degradation but have also violated the fundamental rights of citizens—such as the rights to life, health, and dignity. The growing body of climate litigation is targeting the world’s largest fossil fuel producers, demanding accountability for their role in exacerbating climate change and its disproportionate impacts on vulnerable populations.

Legal strategies are increasingly focused on holding corporations accountable under international human rights law, marking a shift from traditional environmental regulation to a more expansive view of corporate responsibility. Countries and organizations are beginning to explore the financial liability of these companies for the destruction wrought by climate change, with estimates suggesting that the total damages could reach trillions of dollars. This new wave of litigation could fundamentally alter the global economic landscape, forcing governments and corporations to reckon with their past actions and potentially reshaping the fossil fuel industry.

Moreover, these cases represent a growing recognition that individual and collective action can serve as powerful mechanisms to demand justice from those responsible for the climate crisis. By framing climate inaction as a human rights violation, these lawsuits are likely to spark a new era of climate accountability, where corporate giants and fossil fuel-dependent economies face increasing pressure to compensate the victims of climate change and take aggressive steps to reduce their carbon footprints. This movement signals a turning point in the global fight for climate justice, one that emphasizes the protection of human rights and the need for a sustainable future for all.