Are International Human Rights Instruments Effective In Protecting People’s Rights from the Global Effects of Climate Change?

Master's Thesis , 2017 , 43 Pages , Grade: A

Politics - Topic: Public International Law and Human Rights

This study seeks to address the issue of climate change through a human rights lens by focusing on the causes of climate change and its impacts on both the environment and human rights. It highlights the close link between capitalist industrialization and environmental degradation and explains how this consequently leads to human rights violations.
This research tackles human rights approach to climate change with a special focus on international human rights instruments mainly the two international covenants, the ICCPR and the ICESCR, it seeks to understand whether they impose international obligations on states to protect human rights from the adverse effects of climate change and how those imposed duties can be enforced to effectively protect people’s rights.
Unfortunately, this paper will reach to the conclusion that the existing human rights law does not adequately protect human rights from the lethal threat of climate change, due to the absence of a universally recognized right to a healthy environment, moreover, despite the possibility of the extraterritorial application of the ICESCR, the political will of states to cooperate under the provisions of the covenant to face the issue of climate change seems to be also absent.

Inhaltsverzeichnis (Table of Contents)

• Abstract
• Contents
• Introduction
• Chapter One: Theoretical Framework of Climate Change
  • I- What is Climate Change: Causes and Consequences
    • A- Climate change defined
    • B- The Causes of Climate change
    • C- Consequences of Climate Change
  • II- Climate change and Capitalism
• Chapter Two: Human Rights Implications of Climate Change
  • I- The Linkage between Climate Change and Human Rights
  • Il- The Impact of Climate Change on Specific Rights
    • A- The Right to Life
    • B- The right to health
    • C- The right to food
    • D- The right to water and sanitation
    • E- The Right to Adequate housing
    • F- Right to Self-Determination
• Chapter Three: International Human Rights Duties Regarding the Global Effects of Climate Change
  • I- International Human Rights Duties of States in the ICCPR
  • II- International Human Rights Duties in the ICESCR
    • A- Duties to respect
    • B- Duties to protect
    • C- Duties to fulfill
  • III- Practical Difficulties to the Application of Human Rights Duties Extraterritorially
• Chapter Four: Additional Suggestions to the Human Rights Approach to the Global Impacts of Climate Change
  • I- Basing International Human Rights Law Approach on International Cooperation
  • II- The Creation of "A Right to a Healthy Environment" As a Human Right
  • III- Creation of an International Treaty relating to the status of environmental refugees
• Bibliography

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This study explores the connection between climate change and human rights, examining the causes of climate change, its environmental and human rights impacts, and the effectiveness of international human rights instruments in protecting rights from these effects. It analyzes the role of capitalist industrialization in environmental degradation and the resulting human rights violations.

• The relationship between climate change and human rights.
• The impact of climate change on specific rights, such as the right to life, health, food, water, sanitation, housing, and self-determination.
• The effectiveness of international human rights instruments, particularly the ICCPR and ICESCR, in protecting rights from climate change.
• The challenges of enforcing international human rights obligations related to climate change.
• Potential solutions to address the human rights implications of climate change.

Zusammenfassung der Kapitel (Chapter Summaries)

• Chapter One: Theoretical Framework of Climate Change introduces the concept of climate change, exploring its causes, consequences, and relationship with capitalist industrialization. It examines the role of greenhouse gas emissions in global temperature increases and the potential for severe environmental impacts.
• Chapter Two: Human Rights Implications of Climate Change focuses on the link between climate change and human rights violations. It details the specific impacts of climate change on fundamental rights, including the right to life, health, food, water, sanitation, housing, and self-determination.
• Chapter Three: International Human Rights Duties Regarding the Global Effects of Climate Change examines the obligations of states under international human rights instruments, specifically the ICCPR and ICESCR, to protect human rights from the global impacts of climate change. It discusses the duties to respect, protect, and fulfill human rights and the challenges of applying these duties extraterritorially.
• Chapter Four: Additional Suggestions to the Human Rights Approach to the Global Impacts of Climate Change proposes solutions to address the shortcomings of current human rights approaches to climate change. It emphasizes the importance of international cooperation, the creation of a right to a healthy environment, and the establishment of an international treaty for environmental refugees.

Schlüsselwörter (Keywords)

This study examines the intersection of human rights and climate change, focusing on international human rights instruments, particularly the ICCPR and ICESCR, and their effectiveness in protecting human rights from the global impacts of climate change. Key themes include the linkage between climate change and human rights, the impact of climate change on specific rights, and the challenges of enforcing international human rights obligations related to climate change.

• College: Birkbeck, University of London
• Grade: A
• Author: Nouha Rouabah (Author)
• Publication Year: 2017
• Pages: 43
• Catalog Number: V385722
• ISBN (eBook): 9783668608320
• ISBN (Book): 9783668608337
• Language: English
• Tags: international, human, rights, instruments, effective, protecting, people’s, global, effects, climate, change