Human Rights Implications Of Climate Change: Legal Perspectives And Case Studies

Vaishnavi Singh, Dr. Ram Manohar Lohiya National Law University, Lucknow

ABSTRACT

Recently, the Supreme Court of India acknowledged the right to protection from climate change impacts as part of the fundamental rights to life (Article 21) and equality (Article 14) enshrined in the Indian Constitution. This ruling came during a case concerning the conservation of the Great Indian Bustard and the Lesser Florican. SC noted that the intersection of climate change and human rights has been put into sharp focus in recent years.

Climate change has profound impacts on wide variety of human rights. It is now beyond dispute that climate change caused by human activity has negative impacts on full enjoyment of human rights. OHCHR’s Key Messages on Human Rights and Climate Change highlight the essential obligations and responsibilities of States and other duty-bearers (including businesses) and their implications for climate change-related agreements, policies, and actions. In order to foster policy coherence and help ensure that climate change mitigation and adaptation efforts are adequate, sufficiently ambitious, non-discriminatory and otherwise compliant with human rights obligations, the following considerations should be reflected in all climate action, including agreements to be negotiated at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change. Climate change affects the Right to Life, Right to health, Right to Food, Right to Housing, Rights of the child, Right to a healthy environment, and Right to self-determination.