Why is it in the News?

The European Court of Human Rights found Switzerland guilty of violating the rights of women from KlimaSeniorinnen, stating that the government's emission control efforts were insufficient, failing to protect women from climate change impacts.

Context:

• Courts worldwide are increasingly tasked with addressing the nexus between climate change and human rights, as evidenced by significant rulings such as those from the European Court of Human Rights in Switzerland and the Supreme Court of India.
• These landmark decisions highlight the imperative of acknowledging climate change as a human rights issue and establishing crucial benchmarks for legal and policy responses to mitigate its detrimental effects on people and societies.

Legal Acknowledgment of Climate Change's Human Rights Impacts:

• Recent rulings by the European Court of Human Rights against the Government of Switzerland and the Supreme Court of India have underscored the failure to safeguard vulnerable populations from the effects of climate change.
• The European Court's decision highlighted the government's neglect in protecting elderly women from climate-related harm, while the Indian Supreme Court affirmed citizens' entitlement to freedom from adverse climate effects under constitutional guarantees.
• Citing Articles 14 (equality before the law) and 21 (right to life and personal liberty) of the Indian Constitution, the Supreme Court emphasized individuals' right 'to be free from the adverse impacts of climate change.'
• These legal judgments signify a significant step towards acknowledging climate change as a pivotal human rights concern.

The Escalating Human Rights Risks of the Global Climate Crisis:

• The global climate crisis presents an imminent threat to human rights, imperiling individuals and communities worldwide.
• The latest State of the Global Climate Report from the World Meteorological Organization presents compelling evidence of the intensifying impacts of climate change.
• In 2023, numerous climate indicators soared to unprecedented levels, marking it as the hottest year on record.
• This unparalleled warmth coincided with concerning trends such as heightened ocean heat accumulation, rising sea levels, diminishing Antarctic sea ice, and accelerated glacier retreat.
• These indicators underscore the severe strain on our planet, with profound implications for human welfare.

India's Climate Action and Vulnerability:

• Progress Amid Persistent Vulnerability: Despite notable advancements in climate action, India, among the world's fastest-growing economies, continues to confront significant vulnerability to climate change.
  • Having met two of its Nationally Determined Contribution (NDC) targets—reducing emissions intensity by 33% to 35% and achieving 40% cumulative non-fossil fuel electricity capacity—well ahead of schedule, India demonstrates proactive measures.
  • Nevertheless, the nation remains highly susceptible to climate-related adversities.
• Population Concentration in Disaster-Prone Areas: A primary concern is India's demographic distribution, with over 80% of its populace residing in regions prone to climate-induced calamities like floods, cyclones, droughts, and heatwaves.
  • These events not only disrupt lives but also exacerbate existing socio-economic disparities, disproportionately impacting vulnerable groups such as small-scale farmers, rural communities, and marginalized populations.
• Intersecting Challenges of Climate Change: Climate change intersects with broader socio-economic and environmental issues, compounding their repercussions.
  • Rapid urbanization and haphazard development intensify urban vulnerability to climate-driven disasters like flooding and landslides.

Frameworks to Strengthen India's Climate Action:

• Embracing Comprehensive Legislation: India's climate governance could benefit from the adoption of a comprehensive regulatory framework dedicated to climate change.
  • This legislation would offer a unified structure for addressing diverse climate-related aspects, spanning mitigation, adaptation, finance, and capacity-building.
  • By enshrining climate objectives, targets, and strategies in law, such a framework can furnish legal clarity and consistency, guiding sustained planning and investment.
• Insights from Global Climate Laws: Research from the London School of Economics and Political Science examined climate framework laws in 60 nations, spotlighting their pivotal role in shaping national climate agendas.
  • Countries like Germany, Ireland, New Zealand, Finland, South Korea, South Africa, and the Philippines have instituted robust climate legislation surpassing mere compliance with international obligations.
  • These laws have facilitated public resource mobilization, bolstered climate action capabilities, and fostered inter-sectoral cooperation.

Additional Measures for Enhanced Climate Governance in India:

• Integrated Climate Policies: India's climate strategies should embrace an integrated approach, embedding climate considerations into broader development frameworks and decision-making processes.
  • This entails weaving climate adaptation and mitigation efforts throughout key sectors like agriculture, water management, energy, transportation, and urban development to foster a cohesive response to climate challenges.
• Localized Solutions and Cross-Sector Collaboration: Tailored, localized climate actions, coupled with collaborative efforts across sectors, are vital for addressing the diverse and context-specific impacts of climate change.
  • Governments can craft targeted strategies to bolster resilience, mitigate risks, and advance sustainable development goals by engaging local stakeholders and fostering partnerships across sectors.
• Harmonizing Climate and Sustainable Development Goals: Localized climate initiatives often align with broader Sustainable Development Goals (SDGs), such as poverty eradication, food security, access to clean water, and gender equity.
  • Integrating climate considerations into local SDG agendas enables governments to leverage synergies, optimize resource use, and fortify community resilience and sustainability.
• Empowerment of Civil Society: Civil society organizations (CSOs) play a pivotal role in advocating for climate action, environmental equity, and governmental accountability.
  • Empowering CSOs and fostering rights-based discourse on climate change are vital for fostering inclusive decision-making, transparency, and environmental justice.
• Fostering Inclusivity and Representation: Promoting diversity and inclusivity within civil society is imperative to ensure the voices and perspectives of marginalized communities are heard and heeded in climate policymaking.
  • CSOs should aim to represent the interests of various stakeholders, including women, indigenous populations, youth, persons with disabilities, and other marginalized groups, in climate governance.
• Advancing Rights-Centric Discourse: A rights-based approach to climate action acknowledges that climate change disproportionately impacts vulnerable communities, infringing upon their basic human rights to life, health, food, water, and livelihoods.
  • By framing climate change as a human rights issue, CSOs can advocate for policies that prioritize the needs of affected communities and champion environmental justice.

Conclusion

The alignment of legal rulings, scientific findings, and policy mandates emphasizes the pressing imperative to confront climate change as a human rights emergency.

By acknowledging the inseparable link between environmental health and human welfare, nations can pave the way toward climate resilience and equity.

Empowering communities, fortifying legal structures, and promoting cross-sectoral cooperation stand as pivotal measures in realizing a future liberated from the detrimental effects of climate change.