The Concept of "Climate Rights" Assessment Framework, Classification and Country Examples. Legal Study

This publication details

Language: English

Authors:
Plamen Peev (PhD), BlueLink Foundation
Veronika Marhold, LL.M., Ökobüro
Reviewed by:
Katalin Sulyok (PhD),
Theodoros Alexandridis, LL.M.
Contact information
Association of Justice and Environment (J&E)
European Network of Environmental Law Organizations
33 Udolni, 602 00 Brno, Czech Republic
e-mail: info [at] justiceandenvironment [dot] org
web: www.justiceandenvironment.org

Funded by the European Union. Views and opinions expressed are however those of the author(s) only
and do not necessarily reflect those of the European Union or [name of the granting authority]. Neither
the European Union nor the granting authority can be held responsible for them.

 

The DACE Project

This publication is part of The project is called DACE: Discussions and Actions on Climate and Environment. Its objective is to raise awareness of EU citizens about climate change policies and law, e.g., on adaptation to climate change (but also leaving room for mitigation) and citizens’ climate rights. The project supports the climate goals of the European Green Deal and the EU Strategy on Adaptation to Climate Change.

It is implemented by six non-for profit J&E member organisations, one of which is the BlueLink Foundation in Bulgaria. Other partners are from Austria, Estonia, Hungary, Slovenia, and Spain.  The project is funded by the European Union.

Introduction to this publication

The concept of “climate rights'' emerged as a key concept in the DACE project1 of Justice and Environment to capture the variety of rights, i.e., existing and nascent types/classes of rights at international, EU and national level with relevance to climate change, defined as follows: “all substantive and procedural rights related to or affected by climate change”. As an operational definition its main purpose is to guide and inform our study of climate rights as vehicles for just and engaging society in which climate justice and protection against the consequences of climate change are high on the agenda of the governments, businesses and of the society as a whole. Being a broad and overarching definition, which cuts across political, social and civil society domains it can be used for engagement of key target groups of the project like climate activists, environmental associations, other interested citizens and local communities, but also bar associations, students, journalists and children and youth who may be particularly important actors for standing up for the rights and interests of the future generations. The term ‘climate rights’ in the project’s interpretation includes rights in a narrow legal sense, such as human or social rights, leaving out exploring the legal mechanisms (e.g., the ombudsman institution) that enable individuals and organisations to protect their rights, to demand climate action or hold governments and businesses accountable.
Even if we are not claiming to have coined a new concept, doctrinally speaking, we could still test its practical application and stir a debate about its implications with national and EU stakeholders. While testing the application of the concept, we aim to raise the awareness of target groups and general public of climate rights (in general terms or about specific rights related to or affected by climate change: e.g. right to life, health, home); to test the readiness of target groups to exercise such climate rights already now, or to explore the existing practice of exercising such rights; as well as to mobilise target groups’ support for introducing a stronger
and more comprehensive system of climate rights.

The 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 living2. In the same vein, a safe and stable climate guarantees the enjoyment of all human and other climate rights. The opposite is also true - the less safe and stable the climate, the worse the conditions for enjoyment of climate rights. The most recent IPCC report has concluded that the changes in the physical climate system, most notably more intensive extreme events, have adversely affected natural and human systems around the world, contributing to a loss and degradation
of ecosystems, including tropical coral reefs; reduced water and food security; increased damage to infrastructure; additional mortality and morbidity; human migration and displacement; damaged livelihoods; increased mental health issues; and increased inequality.

The international agreements also link climate change and enjoyment of climate rights. The United Nations Framework Convention on Climate Change (UNFCCC) acknowledges in its Preamble “that change in the Earth's climate and its adverse effects are a common concern of humankind.” The broad spectrum of rights and holders of rights is emphasised in the Paris Agreement’s Preamble, acknowledging that climate change is a common concern of humankind and the Parties should, when taking action, address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.

A connection between climate change and human rights was also established by the Human Rights Council in its Resolution 41/21 on Human rights and climate change, adopted by the UN Human Rights Council on 12 July 20194, in which it recalled that “the Paris Agreement adopted under the United Nations Framework Convention on Climate Change acknowledges that climate change is a common concern of humankind and that parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations, and the right to development, as well as gender equality, the empowerment of women and intergenerational equity.” It also emphasised that climate change has an adverse effect on the enjoyment of said rights and called upon the states to adopt a comprehensive and inclusive approach to climate change adaptation and mitigation policies, for the full and effective enjoyment of human rights
for all.

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