Climate Justice and Human Environmental Rights

Abstract

Climate Justice forms a crucial aspect in the realization of human rights. Climate justice refers to the equitable right of all human beings to access a clean, safe and healthy environment. Environmental degradation poses a serious threat to the existence of human rights. Environmental pollution resulting in several health issues such as respiratory, cardiovascular and other problems, impacts the Right to Life guaranteed to all citizens under Article 21 of the Indian Constitution. This can be curtailed by the collective effort of the legislative, executive and judicial organs of the nation in imparting climate justice to every member of society, specifically to the marginalized and vulnerable groups wherein the effects are more severe.  This concept depicts the interrelation of human well being and ecological development, thereby emphasizing the lengths to which environmental degradation can severely impact human rights. Refugees are forced to leave their houses because of floods, droughts, rise in sea levels and other climate disasters. They are forced to face challenges for basic needs such as food, clothing, shelter, healthcare, etc. Indigenous rights are important as many of such communities have traditional knowledge and experiences, that can help in informing mitigation strategies and climate adaptation. In the international arena, instruments such as the Stockholm Declaration, Rio Declaration, United Nations Framework Convention on Climate Change and Kyoto Protocol highlight the synthesis between environment and human rights. Thus, there is a necessity to integrate the procedural and substantive law in such a manner which ensures consonance with the international instruments that reflect on climate justice. In this regard the role of citizens is not only limited as to merely being the subjects and entities of the government in the implementation of policies, but they must also engage in active participation to reduce the environmental hazards on an individual level in order to provide for sustainability. Climatic change due to degradation is a direct consequence of negligent human activities. It is therefore necessary to inculcate self consciousness among citizens to the growing needs of society and contribute to the effective utilization of natural resources, ultimately resulting in climate justice. This paper aims to delve into the concept of climate justice, highlighting the shared responsibilities of governments and citizens in addressing the disproportionate impacts of climate change on vulnerable populations.