Why Climate Change Is a Critical Human Rights Issue: Understanding the Connection

Climate change isn’t just an environmental issue; it’s also a serious human rights challenge. The effects—like rising temperatures and more extreme weather—threaten fundamental human rights such as the right to life, health, and adequate housing, especially for vulnerable communities around the world.

The international community recognizes this connection. For example, the UN Human Rights Council stated that climate change poses serious challenges to human rights. Significant milestones include the Male Declaration of 2007, where small island nations highlighted climate change as a direct threat to basic rights. The Paris Agreement of 2015 also emphasizes the need to respect human rights in climate actions.

To protect human rights related to climate, we really need to do two things: ensure everyone can realize their rights and ensure they can seek justice if those rights are threatened. One way is to “green” existing rights, blending environmental concerns into areas like health and housing. Another is to introduce a specific environmental right. Both approaches aim to protect people and the planet.

Countries have a legal responsibility to protect human rights. The European Court of Human Rights has set important precedents. For instance, in the cases of López Ostra v. Spain and Fadeyeva v. Russia, the Court held governments liable for failing to curb pollution from industries. A notable case in 2019, Urgenda Foundation v. The State of The Netherlands, declared that the Dutch government must reduce its greenhouse gas emissions.

Recently, the International Court of Justice (ICJ) reiterated that countries must curb emissions for the benefit of current and future generations. In particular, small island nations and communities at risk deserve protection. However, many experts feel that countries like Bangladesh may not see significant change from these rulings.

Despite some promising initiatives, climate policies often overlook the social justice issues tied to climate change. Displacement and loss of livelihoods are pressing problems. Currently, climate-displaced individuals lack recognition as ‘climate refugees’ in legal frameworks like the 1951 Refugee Convention. In Bangladesh, the Environment Court Act of 2010 allows for claims regarding environmental harm, but the process can be cumbersome, limiting access to justice.

“Addressing climate change must include a focus on human dignity, rights, and equality. Ensuring participation and access to information is key for community-led climate solutions.”

Climate change also raises concerns about intergenerational justice. Traditional human rights laws are primarily focused on individuals, while climate laws often look to protect communities and ecosystems in the long term. In Bangladesh, Public Interest Litigation has been crucial in shaping environmental rights. A prime example is the 1997 case Dr. Mohiuddin Farooque v. Bangladesh, where the Supreme Court ruled that the right to life includes preserving the environment.

Effective climate governance must prioritize marginalized communities and ensure that solutions don’t harm those they aim to protect. Legal mechanisms and alternative dispute resolution can help communities navigate these challenges.

Understanding the connection between climate change and human rights is essential for creating a fair and just world.

The writer is an official contributor at The Daily Star.

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