Accountability for Climate Change: Leveraging Human Rights Frameworks to Address Global Inequities Caused by Developed Countries
In Fall 2024, the Human Rights at Home Law Profs Blog is excited to feature a series of blog posts focusing on human rights and the environment written by students in the International Human Rights Clinic at UIC Law. This is the ninth post in that series. The first post can be accessed here. The second post is here. The third post is here. The fourth post is here. The fifth post is here. The sixth post is here. The seventh post is here. The eighth post is here.
By Kamryn Shives, 3L at UIC Law
The impact of climate change is disproportionately felt by developing countries who have little control over its contributing factors. Developed countries’ continued reliance on fossil fuels pose a significant threat to the rest of the world’s ability to adapt to the loss and damages caused by climate change. A recent analytical study (“The Analytical Study”) published by the UN Secretary General and the High Commissioner on UN Human Rights, explored the link between human rights and loss and damage from climate change. The Analytical Study posed ways to hold developed countries accountable for their contribution to climate change and its effect on developing countries, including adopting equity-based approaches to ensure effective remedies. It further advocates for integrating a human rights framework that acknowledges the right to a healthy environment and the impacts of climate change, highlighting the need for equity-based approaches -particularly the harm disproportionately affecting developing countries.
It was observed that two-thirds of all greenhouse-gas emissions are the result of carbon dioxide from fossil fuel combustions from the industrial process. Greenhouse gas emissions have led to extreme climate change causing extreme weather in developing countries, displacement of people, and the unavailability of clean drinking water and resources. The Analytical Study raised concerns about fossil fuel use and air pollution caused by the world’s most industrialized countries, urging them to implement remedies for these impacts. It highlighted the need for a legal and moral framework because of developed countries’ tendency to turn a blind eye and mislead the public about their knowledge of climate change.
The Analytical Study identified the need for developed countries’ governments to practice financial responsibility to help prepare for and lessen climate impacts. Current provisions for climate financing by developed countries fall short of the projected needs for mitigation and adaptation. The Secretary General suggests that developed countries should tax private corporations for their use of fossil fuels with the goal of eventually weaning out the use of fossil fuels all together. Financial responsibility would both promote more sustainable activities within developed countries while compensating those outside of its jurisdiction who no longer have access to essential resources like clean drinking water. The Analytical Study encourages governments to draw from international treaties as a guide to state accountability on human rights issues. Goverments who sign on to these treaties have a duty to comply with the responsibilities outlined therein.
The Analytical study concludes that international human rights norms, standards, considerations, and obligations should guide how countries address the loss and damage associated with climate change. This framework grounds actions in the human rights principles of substantive equality and non-discrimination, participation and empowerment, accountability and access to justice, transparency and the rule of law. For example, the right to an effective remedy is a fundamental principle of international human rights law. Governments can gain examples from different international instruments to review the mechanisms providing remedies for loss and damage. Meanwhile advocates can use international human rights law to ensure governments understand their obligations under international law and enforce the principles therein.
The Analytical Study advocates for a human rights and equity-based approach to address the increased scale and frequency of loss and damage caused by climate change, and the need to hold developed countries accountable for their failure to regulate the emissions of businesses under their jurisdiction. Using international human rights principles and drawing on frameworks implemented by international human rights treaties is an effective way to respond to climate change. The recommendations in the Analytical Study demonstrate how international law can help achieve these goals and address the inaction of developed countries who turn a blind eye to the issue. To advance climate justice, governments must integrate human rights in laws and policies, and ensure responses consider the affected persons.