Towards Ecological Equity: Navigating The Legal Terrain Of Climate Change And Rights

Harshit Aggarwal & Suhani Jain

ABSTRACT

In the era of economic and technological modernisation, climate change has emerged as a significant issue globally. Soaring temperatures, increased natural disasters and melting glaciers are some of the effects of climate change that are widely known to negatively affect the environment and mankind. It has long been recognized that a clean, healthy, and functional environment is integral to the enjoyment of human rights, such as the rights to life, health, food and an adequate standard of living.3 Climate change poses a great threat to the enjoyment of human as well as non-human rights which is a contemporary matter of concern. Additionally, the disproportionate vulnerability to climate change, disparity in adapting to climate change, and unequal access to key resources essential for sustaining life among different communities further violate human rights.

Given its adverse impacts, sincere efforts are being made towards climate change mitigation such as shifting to renewable sources of energy among other ingenious techniques. However, it is a point of contention in the instant case highlighted in this article that these efforts are not sustainable as they pose a hazard to one of the fundamental components of nature. Something as basic and primitive to the sustenance of the biosphere cannot come at the expense of biodiversity protection and therefore a just transition framework is required to mitigate climate change and make a transition to a low-carbon economy in an equitable and socially inclusive way, keeping in mind the interests of those who are affected the most by such transitions.

Keywords: Climate Change, Human rights, Non-human rights, Biodiversity protection, Just transition framework.