A Case for the Human Rights Approach to Climate Change: India

Abstract

Climate change can no longer be viewed through the singular environmental lens; its impact on human rights must be considered to gain a comprehensive understanding of its consequences. Not only is climate change devastating the environment, it is depriving many of the enjoyment of their homes and basic human necessities. Consideration must be given to the potential benefits human rights law can offer in the fight against the consequences of climate change. Unfortunately, there appears to be hesitation about implementing the human rights approach. Some arguments have leaned in favour of the environmental approach due to concerns about the inability to assign accountability and the possibility that including the human rights approach will obscure the innate value of the environment. Hence, the objective of this article is to explore the importance and benefits of adopting a human rights approach to foster a balance between the two approaches. This article focuses on India which, due to its significant climatic disturbances, serves as an ideal example of the human rights violations resulting from climate change. The method used in the study underpinning this article was a doctrinal review of the relevant literature, including journal articles, legislation, and international legal documents. The debate of which approach is more effective may continue for years to come, with both sides presenting plausible arguments. However, the solely environmental approach has not proved to be the most effective. Implementing the human rights approach to climate change should be intentionally considered without nullifying the environmental approach.