Climate Change as a Human Rights Crisis: Legal Obligations and Emerging Jurisprudence under International Law

Abstract

Climate change is no longer solely an environmental or developmental concern; it has become a profound human rights crisis that threatens the dignity, security, and survival of millions of people across the globe. Rising temperatures, sea-level rise, extreme weather events, biodiversity loss, and ecosystem degradation increasingly undermine the enjoyment of fundamental human rights, including the rights to life, health, food, water, housing, culture, and self-determination. The burdens of these impacts are borne disproportionately by those who have contributed least to global greenhouse gas emissions, particularly women, children, indigenous peoples, persons with disabilities, climate-displaced communities, and populations in developing countries. As climate-related harms intensify, the intersection between climate governance and human rights protection has emerged as a central concern of contemporary international law. This article critically examines the legal obligations of states to address climate change through the lens of international human rights law and general international law. Using a doctrinal and analytical methodology, it explores the normative foundations of state responsibility, including the principles of no-harm, due diligence, precaution, international cooperation, and common but differentiated responsibilities and respective capabilities (CBDR-RC). The study analyzes the extent to which major international legal instruments, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the United Nations Framework Convention on Climate Change (UNFCCC), and the Paris Agreement, establish binding obligations to prevent, mitigate, and remedy climate-related human rights harms. It further evaluates the growing role of international and regional courts, treaty bodies, and climate litigation in clarifying and enforcing these obligations. Particular attention is devoted to recent jurisprudential developments, including Verein KlimaSeniorinnen Schweiz v. Switzerland, Teitiota v. New Zealand, and the ongoing advisory proceedings before the International Court of Justice concerning states’ obligations in respect of climate change. These developments demonstrate an emerging consensus that inadequate climate action may constitute a violation of internationally protected human rights and that states possess both domestic and extraterritorial responsibilities to address climate-related risks. The article also examines the evolving concepts of climate justice, loss and damage, corporate accountability, climate finance, and intergenerational equity as integral components of a rights-based approach to climate governance. The study argues that effective responses to climate change require more than environmental regulation; they demand the full integration of human rights principles into climate policy, legislation, and international cooperation mechanisms. It concludes that a human rights-based framework strengthens accountability, promotes substantive and procedural justice, protects vulnerable populations, and provides a more equitable foundation for addressing the climate crisis. As climate impacts continue to escalate, recognizing and enforcing climate-related human rights obligations is essential not only for environmental protection but also for safeguarding human dignity, social justice, and the well-being of present and future generations.