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Climate Change And Human Rights: Assessing The Impact On Fundamental Rights And The Role Of Climate Justice In Protecting Vulnerable Communities




Sheetal Jovita C, School of Excellence in Law


ABSTRACT


Climate change has emerged as one of the most pressing human rights challenges of the twenty first century, disproportionately affecting indigenous peoples, low income communities, and developing nations that have contributed least to global greenhouse gas emissions. This paper examines the intersection of climate change and fundamental human rights, including the rights to life, health, water, food, adequate housing, and self determination, as protected under instruments such as the ICCPR, ICESCR, and the UNFCCC framework. It analyzes the escalating threats posed by natural disasters, extreme weather events, displacement caused by rising sea levels, and the erosion of cultural identity among indigenous communities, alongside the often-overlooked mental health consequences of environmental crisis. The paper further explores the doctrine of climate justice as a framework for addressing these inequities, tracing its principles of historical responsibility, intergenerational equity, and common but differentiated responsibilities through key international mechanisms, including the Paris Agreement, the Loss and Damage Fund, and emerging jurisprudence before the International Court of Justice. The paper argues that meaningful climate action requires integrating a rights-based approach into climate policy, holding developed nations and corporations accountable for historical emissions, and ensuring fair participation of marginalized and indigenous communities in climate governance. It concludes that protecting human rights amid the climate crisis is both a legal obligation and a moral imperative essential to building a just and sustainable future.


Keywords: Climate Change; Human Rights; Climate Justice; Indigenous Peoples; Environmental Displacement; Loss and Damage; UNFCCC; Paris Agreement; Right to a Healthy Environment; Vulnerable Communities.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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