Climate Change : A Threat To Human Rights

© 2018 IJSRST | Volume 4 | Issue 7 | Print ISSN: 2395-6011 | Online ISSN: 2395-602X Themed Section: Science and Technology Climate Change : A Threat To Human Rights Jyotsana Choudhary Assistant Professor, Department of Law, Chaudhary Devi Lal University,Sirsa, Haryana, India ABSTRACT Glaciers are melting, sea levels are rising, cloud forests are dying, and wildlife is scrambling to keep pace because of Global Climate change. Climate change is one of the biggest crises that humanity is facing. As a result of climate change there are more intense storms, more rain followed by longer and drier droughts (a challenge for growing crops), changes in the ranges in which plants and animals can live, and loss of water supplies that have historically come from glaciers. Climate change has already had observable effects on the environment. It is already affecting society in far reaching ways. In fact most human activities have an effect on and are influenced by environmental and climate change factors. Evidence for climate change abounds, from the top of the atmosphere to the depths of the oceans. Certain type of extreme weather events like Rising Sea levels, Floods, Heat Waves, Droughts, Desertification, water shortages, the spread of tropical and vector borne diseases have become more frequent and/or intense. These and other aspects of climate change affect the enjoyment of Human Rights by people throughout the world including – right to life, right to health, right to housing, right to an adequate standard of living, right to food, right to water, right to property, right to selfdetermination and also damaging some sectors of our economy. The present paper focuses on the Climate change and its impact on Human Rights. Climate change has emerged as one of the major threat to Human Rights of our generation. Climate change poses an enormous threat to the lives and well-being of individuals and communities across the world. The negative impacts caused by climate change are global, simultaneous and increasing exponentially according to the degree of climate change that ultimately takes place. Climate change, therefore, requires a global rights-based response. One reason for the attention to the relationship between climate change and human rights is the recognition that climate change is having an uneven impact across the world. Keywords: Climate change, emissions, human induced warming, right to food, right to health, UNFCCC observed over comparable time periods”.1 It refers to I. INTRODUCTION any change in climate over time, whether due to Climate refers to the average weather conditions, natural variability or as a result of human activity.2 spread including Earlier the global climate changed the course of temperature, rainfall, and wind. Climate change is human actions, now human beings are changing the identified as one of the major crises facing by the global climate. over decades, of a region, world in 21st century. Article 1 of the UNFCCC defines Climate Change as “A change of climate which Human rights are rights inherent to all human beings, is attributed directly or indirectly to human activity whatever our nationality, place of residence, sex, that alters the composition of the global atmosphere and which is in addition to natural climate variability 1 Article 1 of the UNFCCC 2 IPCC’s Climate Change 2007: Synthesis Report. IJSRST1845486 | Received : 05 April 2018 | Accepted : 24 April 2018 | March-April-2018 [ (4) 7 : 232-238] 232 national or ethnic origin, color, religion, language, or commonly referred to as global warming or climate any other status. We are all equally entitled to our change. human rights without discrimination. These rights are all interrelated, interdependent and indivisible. The most important of these greenhouse gases in Climate change poses the greatest human rights terms of its contribution to warming is water vapor, challenge of our time. but concentrations show little change and it persists in the atmosphere for only a few days. Global climate change has a profound impact on the survival and development of mankind thus it is one of On the other hand, carbon dioxide (CO2) persists for the greatest threats to human rights of our generation, much longer (it would take hundreds of years for it to posing a serious risk to the fundamental rights such as return to pre-industrial levels). In addition, there is right to life, right to health, right to food only so much CO2 that can be soaked up by natural and an adequate standard of living of individuals and reservoirs such as the oceans. communities across the world because climate change does not respect borders, it does not care who you are Most man-made emissions of CO2 are through the – rich or poor, small or big, white or black. In January burning of fossil fuels, as well as through cutting 2009, the office of the U.N. High Commissioner for Human Rights (“OHCHR”) became the first down carbon-absorbing forests. Other greenhouse gases such as methane and nitrous oxide are also international human rights body to examine the released through human activities, but their overall relation between climate change and human rights. abundance is small compared with carbon dioxide. 3 The planet's climate has constantly been changing Since the industrial revolution began in 1750, CO2 over geological time scale. The global average temperature today is about 15degree Celsius; though levels have risen by more than 30% and methane levels have risen more than 140%. The concentration geological evidence suggests it has been much higher of CO2 in the atmosphere is now higher than at any and lower in the past. However, the current period of time in at least 800,000 years.4 warming is occurring more rapidly than any of the In past events. Scientists are concerned that the natural The Intergovernmental Panel on Climate Change fluctuation, or variability, is being overtaken by a (IPCC) unequivocally confirmed that climate change rapid human-induced warming that has serious is real and that human-made greenhouse gas emissions implications for the stability of the planet's climate. are its primary cause. its 5th AssessmentReport (2014), Scientists believe we are adding to the natural greenhouse effect with gases released from industry Impacts Of Climate Change and agriculture (known as emissions), trapping more “Climate change threatens our ability to achieve energy and increasing the temperature. This is sustainable development, and in some cases, our very survival.” - Ban Ki-moon, Secretary General of the United Nations. 3 OCHR, Report of the Office of the United Nations Intergovernmental Panel on Climate Change, Fifth High Commissioner for Human Rights on The 4 Relationship Between Climate Change and Human Assessment Report: Climate Change 2014 Synthesis Rights, U.N. Doc. A/HRC/10/61 (Jan. 15, 2009) Report Summary for Policymakers (Bonn: United [hereinafter OHCHR Report] Nations Framework Convention on Climate Change), (hereinafter IPCC, AR 5). International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 233 Climate change is likely to have a significant adverse peoples in vulnerable situations including, women, effect on nations. Developing nations are confronted children, older persons, indigenous peoples, minorities, with imminent issues associated with forests and land migrants, rural workers, persons with disabilities and degradation, health, lack of freshwater, food security the poor. alongwith air and water contamination. Adverse effect of climate change points at changes in the Therefore a mention is made about some current and physical environment or biota (living organisms) future negative human rights impacts of climate which in turn leads to significant deleterious effect on change in following paragraphs: the composition, resilience and productivity of natural and man-made ecosystems, operation of socio- The Right To Life economic systems and on human health and In the context of climate change, extreme weather welfare. The effects of a changing climate can also be events may be the most visible and most dramatic seen in vegetation and land animals. These include threat to the enjoyment of the right to life but they earlier flowering and fruiting times for plants and are by no means the only one. Climate change kills changes in the territories (or ranges) occupied by through drought, increased heat, expanding disease animals. vectors and a myriad of other ways. According to a Climate Change Impact On Human Rights report by the Climate Vulnerable Forum and DARA International, climate change is already responsible The Intergovernmental Panel on Climate Change for approximately 400,000 deaths per year and that (IPCC)’s Fifth Assessment Report(AR5) provides a number is expected to rise to 700,00 by 2030.7 5 detailed picture of how the observed and predicted climatic changes will adversely affect millions of people and the ecosystems, natural resources, and According to the IPCC, the risk of having further extreme weather events and the resulting physical infrastructure upon which they depend.6 endangerment of human lives is “moderate to high at Climate change impacts, directly and indirectly, an temperatures of 1°C to 2°C above preindustrial array of internationally guaranteed human rights levels.”8 A recent report by the World Bank affirms which are also provided in our constitution of India in this risk, finding that “further health impacts of the form of Fundamental Rights. Climate change climate change could include injuries and deaths due negatively affects people’s rights to health, housing, to extreme weather events.”9 In order to uphold the water and food. These negative impacts will increase right to life, States must take effective measures to exponentially according to the degree of climate mitigate and adapt to climate change and prevent change; foreseeable loss of life. that ultimately takes place and will disproportionately affect individuals, groups and 7 5 Article 1 of the United Nations Framework Convention on Climate Change, 1992 6 IPCC, CLIMATE CHANGE 2014:IMPACTS, See DARA and the Climate Vulnerable Forum, Second edition: A guide to the cold calculus of a hot planet (DARA and Climate Vulnerability Monitor, 2012), p. 17. ADAPTATION, AND VULNERABILITY, 8 IPCC, AR5, p. 19. CONTRIBUTION OF THE WORKING GROUP II TO 9 The World Bank, Turn down the heat: why a 4°C THE FIFTH ASSESSMENT REPORT OF THE warmer world must be avoided (2012), p. xvii INTERGOVERNMENTAL PANEL ON CLIMATE (hereinafter Turn down the heat 2012). CHANGE (Cambridge University Press 2014). International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 234 acceptable, physically accessible and affordable water The Right To Food for personal and domestic uses.”11In its resolution The right to adequate food is a human right, inherent 64/292, the General Assembly recognized “the right to in all people, to have regular, permanent and safe and clean drinking water and sanitation as a unrestricted access, either directly or by means of human right that is essential for the full enjoyment of financial purchases, to quantitatively and qualitatively life and all human rights.”12 The right to water and adequate and sufficient food corresponding to the sanitation is also found in legal instruments such as cultural traditions of people to which the consumer the Convention on the Elimination of Discrimination belongs, and which ensures a physical and mental, against Women (CEDAW), among others. Pursuant to individual and collective fulfilling and dignified life General Comment 15, “States [sic] parties have to free of fear. There are many ways in which climate adopt change affects the enjoyment of the right to food. discrimination, the right to water.” According to the Climate food IPCC, “climate change is projected to reduce production which negatively impacts livelihoods, food renewable surface water and groundwater resources security and the human right to food. Climate change in induced extreme events, including droughts and competition for water”.14 The IPCC further found that floods, the sanitization of water used for irrigation, desertification, and water shortages…are affecting the climate change will likely increase the risk of water scarcity in urban areas and “rural areas are expected to availability of food in the country and cities. experience major impacts on water availability and 10 change damage agriculture and effective measures to realize, without 13 most dry subtropical regions…intensifying supply.”15According to a recent World Bank report, a The Right To Water And Sanitation 2 Human societies will be seriously affected by extremes in climate such as droughts and floods. A changing temperature may result in 1 to 2 billion no longer having enough water to meet their needs.16Reduced climate would bring about changes in the frequency access to water will disproportionately impact persons, and intensity of these extremes. To a large extent, groups and peoples in vulnerable situations. For public health depends on safe drinking water, example, reduced access to water introduces added sufficient food, secure shelter and good social burdens for women and girls in developing countries, conditions. All these factors are affected by climate who are often responsible for fetching water for their change. Freshwater supplies may be seriously affected, families from distant sources and have distinct needs degree Celsius average global increase in reducing the availability of clean water for drinking and washing during drought as well as floods. Water United Nations Committee on Economic, Social and can be contaminated and sewage system may be 11 damaged. Although the right to water is not explicitly Cultural Rights, General Comment No. 15 (New recognized in the ICESCR, yet General Comment No. 15 of the Committee on Economic, Social and Cultural York:United Nations, 2002), Art. 2. Rights articulates this right stating: “The human right 12 to water entitles everyone to sufficient, safe, human right to water and sanitation (2010), Art. 1. 10 Ziegler, J., The Right to Food, UN Doc 13 United Nations General Assembly, 64/292: The UNCESCR, General Comment No. 15, Art. 1. E/CN.4/2001/53 at p. 2; online: http:// 14 IPCC, AR5, p. 13. daccessdds.un.org/doc/UNDOC/GEN/G01/110/35/PDF 15 IPCC, AR5, pp. 15 – 16. /G0111035.pdf 16 World Bank, World Development Report, 5. International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 235 for water and sanitation.17 There can be no doubt that The Right To Housing the right to water and sanitation which is derived According to Article 11 of the ICESCR all persons are from the rights to health and an adequate standard of entitled to an adequate standard of living for living found within the ICESCR is threatened by themselves and their families including adequate inadequate climate action. housing. The scope and application of the right to housing is elaborated upon in General Comment No. 4 The Right To Health of the Committee on Economic, Social and Cultural The human right to health is articulated in the Rights, which states that “the human right to adequate Universal Declaration of Human Rights and in Article housing…is of central importance for the enjoyment 12 of the ICESCR which provides that all persons have of all economic, social and cultural rights.”21 Like with the right “to the enjoyment of the highest attainable all other economic, social and cultural rights, States standard of physical and mental health.” The Human are obliged to expend maximum available resources Rights Council has specifically recognized the impacts for the progressive realization of the right to housing of climate change on the right to health on multiple for all persons. occasions, most recently in its resolution 29/15 which calls for a panel discussion and a detailed study on the Climate change threatens the right to housing in a relationship between climate enjoyment of the right to health. number of ways. Extreme weather events can destroy homes displacing multitudes of people. Drought, change and the erosion and flooding can gradually render territories According to World Bank reports, climate change will inhabitable resulting in displacement and migration. cause “health impacts [that] are likely to increase and Sea level rise threatens the very land upon which be exacerbated by high rates of malnutrition,”18 including potential increases in vector-borne diseases houses in low-lying areas are situated and is expected to “continue for centuries even if the global mean and “heat-amplified levels of smog [that] could temperature is stabilized.” exacerbate respiratory disorders.” In its most recent includes housing for environmental refugees with the report, the IPCC found that “climate change is assurance of all human rights to all, including an expected to lead to increases in ill-health in many adequate standard of living and the right to housing. 19 22 So the right to housing regions and especially in developing countries with low income, as compared to a baseline without The Right To Education climate change”. However, the level of ambition in According to the Universal Declaration of Human climate action to date has fallen short of that Rights, “everyone has the right to education.” Article necessary the 13 of the ICESCR elaborates upon this right, enjoyment of the human right to health as evidenced guaranteeing to all persons, free, compulsory primary by the current and projected impacts of climate change on the enjoyment of this right. education and calling on States to progressively realize 20 to prevent adverse impacts on 21 United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 4 (New York: 17 See UN Women Watch, Fact Sheet: Women Gender Equality and Climate Change (2009). United Nations, 1991), Art. 1. 22 United Nations General Assembly, 18 The World Bank, Turn down the heat 2013, p. 24. A/HRC/16/49/Add.2: Report of the Special Rapporteur 19 World Bank, Turn down the heat 2012, p. xvii. on the right to food, Olivier De Schutter (2011), para. 20 IPCC, AR5, p. 15. 13. International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 236 free secondary education for all. However, the impacts the Rights of All Migrant Workers and Members of of climate change and the exigencies which it creates their Families, CRPD, the United Nations Declaration threaten the ability of States to expend maximum on the Right to Development and the UNDRIP. These available resources for the progressive realization of instruments require States to respect, protect, promote, the right to education and can press children into the and fulfill the rights of all persons, particularly those labour pool prematurely. who face added social, economic or political vulnerabilities. In his 2011 report to the General Assembly, the United Nations Special Rapporteur on the right to Climate change has disproportionate impacts on the food stated that the impacts of successive droughts rights of persons, groups and peoples in vulnerable had caused some children to be “removed from situations. According to the IPCC, “people who are schools because education became unaffordable and socially, economically, politically, institutionally or because their work was needed by the family as a otherwise marginalized are especially vulnerable to source of revenue”. 23 climate change and also to some adaptation and climate can impacts development According to the World Bank, “exacerbate challenge of the ensuring existing that mitigation responses”. Indigenous peoples, like many the developing countries, are among those who have least educational needs of all children are met.” Failure to ensure fulfillment of the right to education and the contributed to the problem of climate change, but are the ones suffering from the worst impacts. 24 diversion of funds from education not only violates this right but also has long term developmental The Council called for international cooperation to consequences with substantial implications for the implement enjoyment of all rights by all. Convention on Climate Change (UNFCCC) affirmed that “human rights obligations, standards and The Rights Of Those Most Affected By Climate principles have the potential to inform and strengthen Change international, regional and national policymaking in Article 1 of the Universal Declaration of Human the area of climate change, promoting policy Rights declares that “all human beings are born equal coherence, legitimacy and sustainable outcomes.” the United Nations Framework in dignity and rights”. States have further committed to the principles of equality and non-discrimination in II. CONCLUSION a number of international treaties and other legal instruments including the International Convention It is clear from the above discussion that the negative on impacts caused by climate change are global, the Elimination of all forms of Racial Discrimination (CERD) and instruments that address contemporaneous and subject to increase the rights of particular persons, groups and peoples such as the CEDAW, the Convention on the Rights of exponentially according to the degree of climate the Child (CRC), the Convention on the Protection of therefore, requires a global rights-based response. The change that ultimately takes place. Climate change, Human Rights Council (HRC), its special procedures 23 United Nations General Assembly, A/HRC/16/49/Add.2: Report of the Special Rapporteur mechanisms, and the Office of the High on the right to food, Olivier De Schutter (2011), para. Commissioner for Human Rights have sought to bring renewed attention to human rights and climate 13. change through a series of resolutions, reports, and 24 The World Bank, Turn down the heat 2013, p. xix. activities on the subject, and by advocating for human International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 237 rights based approach to climate change. The their adaptation and mitigation plans publicly Preamble of the Paris Agreement to the United available, and be transparent in the manner in which Nations Framework Convention on Climate Change such plans are developed and financed. Accurate and makes it clear that all States “should, when taking transparent action to address climate change, respect, promote and emissions, climate change and its impacts, including consider their respective obligations on human rights” Existing State commitments require international human rights impacts, will be essential for successful rights-based climate change mitigation and adaptation cooperation, including financial, technological and efforts. Because of the impacts of climate change on capacity-building support, to realise low-carbon, human rights, States must effectively address climate climate-resilient, and sustainable development, while change in order to honour their commitment to also rapidly reducing greenhouse gas emissions. respect, protect and fulfill human rights for all. Since Adaptation and mitigation measures to address climate climate change mitigation and adaptation measures change needed to protect human society must also be can have human rights impacts; all climate change- planned to protect human rights, promote social related actions must also respect, protect, promote and justice, fulfill human rights standards. and exacerbating avoid existing creating new problems problems for or vulnerable populations. Only by integrating human rights in climate actions and policies and empowering people to participate in policy formulation can States promote sustainability and ensure the accountability of all duty-bearers for their actions. This, in turn, will promote consistency, policy coherence and the enjoyment of human rights by all. Such an approach should be part of any climate change adaptation or mitigation measures, such as the promotion of alternative energy sources, forest conservation or treeplanting projects, resettlement schemes and others. Affected individuals and communities must participate, without discrimination, in the design and implementation of these projects. States should cooperate to address the global effects of climate change on the enjoyment of human rights around the world in a manner that emphasizes climate justice and equity. These measurements environmental and of greenhouse health gas consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected countries, by climate which change produce than high-income substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income A human rights-based approach also calls for countries. So it is clear that climate change is a major accountability and transparency. It is not only States threat to all of us and to future generations, and to the that must be held accountable for their contributions enjoyment of human rights now and in the years to climate change but also businesses which have the ahead. responsibility to respect human rights and do no harm in the course of their activities. States should make International Journal of Scientific Research in Science and Technology (www.ijsrst.com) 238