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Human Rights as a Tool to Combat Climate Change
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Mohadeseh Ghavamipour Sereshkeh *1    , Amirreza Mahmoudi |
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Abstract: (144 Views) |
Climate change, as one of the contemporary pervasive and multidimensional challenges, has far-reaching consequences for the realization and implementation of human rights. In response to this challenge, the new rights-based approach to confronting climate change has provided a platform for enhancing monitoring, judicial, and policymaking capacities at the international and transnational levels. Using a descriptive-analytical method and focusing on the jurisprudence of the European Court of Human Rights, the mechanisms of the Council of Europe, and recent developments in the United Nations system, this research examines the feasibility and challenges of using human rights instruments to mitigate and compensate for the negative effects of climate change. The results of this study show that although human rights can partially cover the monitoring gaps of environmental treaties such as the Paris Agreement, structural obstacles such as jurisdictional limitations, proof of causality, and territorial jurisdiction frameworks pose serious challenges to legal pursuits. However, procedures such as the advisory opinion of the Inter-American Court of Human Rights and pioneering rulings such as the case of Organda v. the Netherlands are paving the way for a transformation in the interpretation and development of positive responsibilities of states within the framework of Articles 2 and 8 of the European Convention on Human Rights. In this regard, the actions of institutions such as the Parliamentary Assembly of the Council of Europe in proposing the accession of a new protocol on the “right to a healthy environment” as well as the UN Human Rights Council Resolution 48/13 on the universal recognition of this right indicate a paradigm shift in the legal literature governing climate governance. Finally, the present study emphasizes that strengthening the institutional link between human rights systems and international climate regimes can be one of the effective strategies on the path to sustainable development, intergenerational justice and the protection of human dignity in the era of climate crisis.
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| Keywords: human rights, climate change, European Court of Human Rights, Council of Europe, United Nations |
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Full-Text [PDF 901 kb]
(29 Downloads)
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Type of Study: Research |
Received: 2024/11/14 | Accepted: 2025/01/20 | Published: 2025/03/5
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