The Impact of Climate Change on the Protection of Human Rights in Developing Countries

Abstract

The paper is aimed to examine the impacts of climate change on the legal protection of human rights in developing countries. Climate change has already variedly affected human rights, such as the right to live, the right to food, the right to water, the right to health, the right to enjoy a healthy environment and the right to self-determination. The various kinds of human rights are disturbed by the impacts of climate change. Climate change affects all aspects of human life, including social, economic, and cultural rights. Developing countries are more vulnerable and suffering if compared to developed countries due to the impacts of climate change. The research aims to comprehensively examine the protection of human rights in developing countries due to the effects of global warming, examine the obstacles, and find solutions to the protection of human rights. The research is normative juridical research by employing conceptual and statutory approaches. The result of the study indicates that: first, climate change affects the protection of all human rights; second, the protection of human rights in developing countries due to the impacts of climate change needs the assistance of developed countries; third, there are some solutions to address the protection of human rights in developing countries.


Keywords: Climate Change, Developing Countries, Impacts, Human Rights, Protection

References
[1] Saleska KH. Subglobal Regulation of the Global Commons: The Case of Climate Change. Ecol Law Q. 2005;32:190–1.

[2] Narayana DB. A Constitutional Right to International Legal Representation: The Case of Climate. Tulane Law Rev. 2018;93:52.

[3] Stillings ZL. Human Rights and The New Reality of Climate Change: Adaptation’s Limitations in Achieving Climate Justice. Michigan Journal of International Law. 2014;35:639.

[4] Alabi SA. Climate Change and The Ageing Population: Enforcing The Rights To Life and Health Under Human Rights, Health and Climate Change Regimes. Pittsburgh Journal of Environmental and Public Health Law. 2012;7:79–100.

[5] Varvastian S. The Advent of International Human Rights Law in Climate Change Litigation. Wisconsin International Law Journal. 2021;38:369–421.

[6] Amoakuh K. Climate Change Litigation and Rights-Based Strategies: Why International Human Rights Approaches to Climate Change Are Not Easily Transplanted to The American Legal System. Stanf Environ Law J. 2022;31:195–220.

[7] Stillings ZL. Human Rights and The New Reality of Climate Change: Adaptation’s Limitations in Achieving Climate Justice. Michigan Journal of International Law. 2014;35:639.

[8] Trivedi SJ. Principle of CBDR-RC: Its Interpretation and Implementation Through NDCs in The Context of Sustainable Development. Wash J Environ Law Policy. 2021;:311.

[9] Nuffer S. Human Tights Violation and Climate Change: The Lass Day of the inuit People. Rutger Law Report. 2010;37:182–3.

[10] King K. Climate Change and the Inuit: A Melting of Action into A Claody Mess. Southern Environmental Law Journal. 2009;17:482–3.

[11] Reddy PM. Sinking Small IslandNations: Calls for A Lifeboat. Environmental Reporter News and Analysis. 2017;47:10576.

[12] Cameron E. Human Rights and Climate Change: Moving From An Intrinsic to An Instrumental Approach. Georgia Journal of International and Comparative Law. 2010;38:679.

[13] Guardian T. ”UN Chief Views ‘Unimaginable’ Damage in Visit To Pakistan’s Flood-Hit Areas”,” 2022. [Online]. Available: https://www.theguardian.com/world/2022/sep/10/un-secretary-generalantonio- guterres-pakistan-floods-visit. [Accessed 28th November 2022].

[14] Al-Dabbagh M. Towards A Middle Path: Loss & Damage in the 2015 Paris Agreement. Georgetown Environmental Law Review Online; 2016. p. 1.

[15] Reddy PM. The Evolution and Influence of International Environmental Norms. Environmental Law Reporter News & Analysis. 2019;49:10126–7.

[16] Varvastian S. The Advent o f International Human Rights Law in Climate Change Litigation. Wisconsin International Law Journal. 2021;38:375–7.

[17] Varvastian S. The Advent o f International Human Rights Law in Climate Change Litigation. Wisconsin International Law Journal. 2021;38:277.

[18] Braig KF, Panov S. The Doctrine of Positive Obligations As A Starting Point For Climate Litigation In Strasbourg: The European Court of Human Rights As A Hilfssheriff in Combating Climate Change? Journal of Environmental Law & Litigation. 2020;35:272–3.

[19] Atapattu S. Global Climatechange: Can Humanrights (And Human Beings) Survive This Onslaught? Colo J Int Environ Law Policy. 2008;20:64.

[20] Panov KF. The Doctrine of Positive Obligations As A Starting Point For Climate Litigation In Strasbourg: The European Court of Human Rights As A Hilfssheriff in Combating Climate Change? Journal of Environmental Law & Litigation. 2020;35:262.

[21] Varvastian S. The Advent o f International Human Rights Law in Climate Change Litigation. Wisconsin International Law Journal. 2021;38:276.

[22] Burleson E. From Fragmentation To Innovation Coordination. Georget Int Environ Law Rev. 2012;24:485–6.

[23] Bach T. Human Rights in A Climate Changed World: The Impact of COP 21, Nationally Determined Contributions, and National Courts. SSRN. 2016;40:253–4.