Climate Change as a Human Rights Issue: A Business and Human Rights Perspective
This thesis begins by looking at climate change and the silence on human rights, the key climate change agreements and the need for a business and human rights lens to look at climate change issues in the courts. The subsequent chapter discusses the relationship between climate change and human rights, including the overarching right to a healthy environment; the right to life, right to respect for private and family life as civil and political rights; and the right to health, food, water and sanitation as economic, social and cultural rights. It then looks at the latest climate litigation including cases where public citizens have taken legal action against the state (Netherlands, Pakistan, United States, Columbia, Inuit case and many others); followed by the first wave and second wave of strategic private climate litigation against corporations. It then discusses the key legal principles to consider when looking at climate change issues in the courts and key recommendations for further action, followed by a brief conclusion.