ADDRESSING CLIMATE CHANGE ADAPTATION THROUGH HUMAN RIGHTS AND PROMOTION OF CLIMATE JUSTICE

Author : Rose Barua
LLM (Bangladesh University of Professionals) and LLB (Premier University), is a Research Assistant, Bangladesh Institute of Law and International Affairs (BILIA), Dhaka, Bangladesh.

DOI: https://doi.org/10.58710/bjlV20N2Y2022A02

Description

Climate change is causing irreversible and widespread disruption that threatens the lives of many people. Undoubtedly, vulnerable nations which are less capable of adapting to the inimical consequences of climate change bear most of the burdens of climate injustices. Moreover, substantial inequities in resources and funding create a vast gap between developed and poor nations’ capabilities in adapting to climate change. Climate justice, a theory associated with justice and fairness for all nations and communities, has in its heart the protection of people’s rights. The significance of human rights in the matter of climate change gives rise to justice concerns in the international community, including the accountability of the developed countries to help the vulnerable nations in adapting to climate change. In this article, climate change will be evaluated from the viewpoint of least developed, developing and environmentally vulnerable nations. Furthermore, this article focuses on insights into climate justice in evaluating the usefulness of acknowledging the human rights claims which are certain to incur, particularly from climate change, through an adaptation-based framework. Though normatively, the developed countries are the highest emitters of greenhouse gases, human rights law obliges the states with the lowest emission of greenhouse gases to take adequate measures within the maximum resources available to minimize the climate change harms within its territory. This article explores the existing liabilities and accountabilities of states relating to social, economic and cultural rights in adapting to the adverse impact of climate change. It also highlights the obstacles to recognising such obligations, including the state’s unwillingness, global injustice and other limitations giving rise to political, economic, and justice concerns of employing human rights in an adaptation-based framework.

Additional information

$10.00