Seventy-five years after the adoption of the Universal Declaration of Human Rights (UDHR), the world faces an unprecedented challenge that tests the very essence of these fundamental rights - the global climate crisis.
Climate change is not just an environmental issue; it is a human rights crisis that disproportionately affects vulnerable communities. The right to life, health, food, and adequate housing, enshrined in the UDHR, is jeopardized as extreme weather events, rising sea levels, and disruptions to ecosystems become more prevalent.
As we commemorate this milestone, it is imperative to reflect on the intersection of climate justice and human rights, recognizing the profound impact that environmental issues have on the fulfillment of basic human rights.
The UDHR, adopted in 1948, laid the groundwork for protecting the inherent dignity and rights of every individual. Several articles within the UDHR are particularly relevant to the discourse on climate justice and human rights. Article 3 asserts the right to life, liberty, and security of person, while Article 25 recognizes the right to a standard of living adequate for health and well-being, including food, clothing, housing, and medical care. Climate change, with its far-reaching impacts on food security, water resources, and habitability, directly challenges these rights. Additionally, Article 21(1) states that "everyone has the right to take part in the government of his country, directly or through freely chosen representatives." In the context of climate change, the disproportionate contributions of certain nations to greenhouse gas emissions and their influence over global climate policies raise questions of political accountability and participation.
One of the direct consequences of climate change is the displacement of communities due to natural disasters and environmental degradation. The right to adequate housing, as outlined in Article 25 of the UDHR, is undermined when individuals are forced to abandon their homes due to rising sea levels or extreme weather events. Forced migration, whether internal or across borders, poses a significant threat to the stability and well-being of affected populations. It is essential for the international community to recognize climate-induced displacement as a human rights issue, ensuring that those forced to migrate receive protection and support in accordance with the principles laid out in the UDHR.
Climate change exacerbates water scarcity, impacting the availability of clean and safe drinking water. The right to water, recognized as a fundamental human right by the United Nations, is closely linked to the realization of several other human rights, including health and sanitation. Vulnerable communities, often lacking access to adequate infrastructure, face increased challenges in securing clean water as a result of climate-induced changes in precipitation patterns and the frequency of droughts. Addressing the impacts of climate change on water resources is therefore essential for safeguarding human rights, particularly those enshrined in Articles 3, 25, and 27 of the UDHR.
Indigenous communities, often residing in areas rich in biodiversity, find themselves on the front lines of the climate crisis. The exploitation of natural resources, deforestation, and pollution disproportionately affect these communities, threatening their traditional ways of life and infringing upon their rights to culture, self-determination, and livelihood. The UDHR emphasizes the importance of cultural rights in Articles 2 and 27, and it is imperative that we recognize and respect the rights of indigenous peoples in the context of climate change. Empowering these communities to participate in decision-making processes and ensuring their access to justice is crucial for upholding the principles of the UDHR.
Former UN High Commissioner for Human Rights, Mary Robinson, succinctly captured this connection: "Climate change is a fundamental threat to human rights. It undermines the rights to health, water, food, and housing." Similarly, Judge Christopher Weeramantry, a former Vice President of the International Court of Justice, emphasized the intrinsic link between environmental sustainability and human rights, stating, "The environment is not a matter of coincidence or luxury or optional extra. It is central to our existence and survival."
Numerous legal perspectives affirm the nexus between climate justice and human rights. The Urgenda Foundation v. The State of the Netherlands case marked a landmark moment in this intersection. The Dutch court, invoking the European Convention on Human Rights, held that the government had a duty to protect its citizens from the foreseeable threat of climate change. This ruling reinforced the idea that states have a legal obligation to safeguard the human rights of their citizens against the impacts of climate change. Furthermore, the Mau Forest case in Kenya demonstrated the significance of recognizing environmental degradation as a violation of the right to a healthy environment. The Kenyan courts declared that the government had failed in its duty to protect the Mau Forest, emphasizing the interconnectedness of environmental conservation and human rights.
The interconnected nature of climate change requires a global response grounded in solidarity and cooperation. The principles of the UDHR, emphasizing the dignity and equality of all individuals, should guide international efforts to address climate change. Developed nations, historically major contributors to greenhouse gas emissions, must take responsibility for their actions and assist developing countries in mitigating and adapting to the impacts of climate change. This cooperative approach aligns with the spirit of Articles 1, 22, and 28 of the UDHR, which call for a universal recognition of human rights and international cooperation.
As we commemorate the 75th anniversary of the UDHR, it is crucial to recognize the inextricable link between climate justice and human rights. Climate change poses a profound threat to the fundamental rights and freedoms articulated in the UDHR, particularly affecting vulnerable communities that are often marginalized. Addressing climate change as a human rights issue requires a collective commitment to sustainable development, environmental justice, and international cooperation. By upholding the principles of the UDHR, we can work towards a future where the rights and dignity of every individual are safeguarded in the face of the escalating climate crisis.
The writer is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi
