Assessing the Prospects for Climate Action in the form of Climate Litigation as a tool to safeguard Human Rights

Abstract

Climate change poses major threats to human life in the form of food and water shortages, health issues, loss of property and more. Climate change amplifies existing environmental, social, economic and political challenges and has increased the risk of displacements, accelerates social injustices, inequalities, and threatens human rights, including the right to life itself. Consequently, States can no longer overlook their obligations to effectively address climate change to safeguard human rights. States have agreed to mobilize stronger and more ambitious climate actions. However, their pledges on carbon emission caps, adaptation practices and climate change funds under the Paris Agreement, are not as ambitious as they ought to be. The aim of this research to assess the value and effectiveness of climate litigation as a substantial form of climate action to safeguard human rights. This research reveals that there has been a significant increase in climate litigation procedures and outcomes which reflect multiple ways in which climate litigation has influenced States to enhance and adopt laws to increase climate action on mitigation and adaptation practices. This research also reveals that climate litigation is amplified through public and civil society mobilisation as well as collaboration efforts between lawyers, scientists and activists across the world, and it is recognised as a valuable tool for those who seek accountability and justice for climate-induced harms.