CLA News / Human Rights and Climate Change – Addressing the Impacts of Climate Change on Human Rights by CLA President Dr. Peter D. Maynard KC
“To deny people their human rights is to challenge their very humanity.” -Nelson Mandela
“We won’t have a society if we destroy the environment.” – Margaret Mead
As stated repeatedly at the Commonwealth Heads of Government Meeting (CHOGM) in Samoa on the 21st-26th of October 2024, the relationship between human rights and climate change is a lived reality. Climate change, once considered a distant environmental issue, has now become rising sea levels, extreme weather events, droughts, and other climate-related disasters disproportionately affecting the most vulnerable populations, often depriving them of their fundamental rights to life, health, food, water, and shelter.
As lawyers and defenders of human rights, we must recognize that climate change affects millions of people across the globe, particularly in developing nations and marginalized communities. The question today is: How can we address the impacts of climate change on human rights and hold those responsible accountable?
At the core of the human rights framework is the principle that every individual is entitled to a life of health, dignity, security, and freedom. Yet, the realities of climate change are undermining these very rights. The right to life is threatened by increasingly frequent and severe climate disasters such as hurricanes, wildfires, and floods. Communities in low-lying areas face the prospect of losing their homes, and in some cases, entire nations risk becoming uninhabitable due to rising sea levels.
The right to health is similarly under siege. Climate change exacerbates health problems, from heat-related illnesses to the spread of vector-borne diseases such as malaria and dengue fever. Poor air quality, caused by fossil fuel emissions, disproportionately affects children, the elderly, and those with pre-existing conditions. We are witnessing the direct intersection between environmental degradation and human health, and it is our responsibility to advocate for those who suffer the consequences of climate inaction.
The right to food and water is perhaps one of the most immediate concerns. Prolonged droughts and changing weather patterns are leading to crop failures and food shortages. Communities that rely on agriculture are increasingly unable to sustain themselves, leading to hunger, malnutrition, and economic displacement. Access to clean water is also becoming a critical issue as water sources dry up or become contaminated due to climate impacts.
Lawyers have a crucial role to play in holding governments and corporations accountable for their contributions to climate change. Accountability is key in ensuring that the rights of vulnerable populations are protected. Countries and businesses that contribute to excessive greenhouse gas emissions must be held responsible for the damage they inflict, both on the environment and on human lives. International human rights law provides a framework for this, but we must be more proactive in utilizing these legal mechanisms to protect those affected by climate change.
Moreover, climate justice requires that we advocate for equity and fairness in addressing climate change. Those who have contributed the least to the problem are often the ones who suffer the most. Indigenous communities, small island nations, and the rural poor are disproportionately affected, yet they have the least access to the resources needed to adapt and recover. This is not just an environmental injustice; it is a human rights violation. We must push for legal systems that recognize and compensate those who are most impacted by climate change.
In addition, climate migration is becoming a pressing human rights issue. As rising seas swallow coastal communities and droughts render farmland uninhabitable, millions of people are being displaced. These climate refugees are often left in legal limbo, with no international protections or recognition. We must push for the development of international legal frameworks that safeguard the rights of climate migrants, ensuring they are not left stateless or without recourse to justice.
Finally, we must be active participants in shaping laws and policies that mitigate the impacts of climate change. This includes supporting renewable energy transitions, advocating for stronger environmental regulations, and pushing for the enforcement of international climate agreements like the Paris Accord. As lawyers, we can help ensure that these agreements are not just aspirational but enforceable, binding commitments that hold countries and corporations accountable for reducing their emissions.
In conclusion, climate change is not just an environmental issue; it is a human rights issue. The consequences of inaction are too severe to ignore, and the most vulnerable among us cannot afford to wait. As defenders of justice, we must lead the charge in ensuring that climate justice is achieved and that the rights of all individuals, especially those most affected, are protected in the face of this global crisis.
Dr. Peter D. Maynard KC
President, Commonwealth Lawyers Association
