A Review on Climate Change and Human Rights:

An Introduction to Legal Issues

Submitted by:
Jayzell Mae S. Flores
EH306MC

Submitted to:
Mr. Cornelio Guantero
Adviser

A Review on Climate Change and Human Rights:

An Introduction to Legal Issues

The biggest barrier to dealing with climate change is us: our own attachment to
habits that are hard to shift, and our great ability to park or ignore uncomfortable choices.1
It is an undeniable fact that humans play a big role in the environment, they contribute most to the
changes in the environment, may it be that the change is for the better or for the worst; it is the people
who plays the biggest role and has the biggest contribution in the sudden shift of the normal setting of
the environment.
At present, we have been faced and are continue facing some environmental changes that have been
occurring every now and then, and the biggest change could be visibly seen in our weather or in our
climate. Like during summer season, we are experiencing a hotter weather now compared before, were
even experiencing El Nio and some people even die due to heat stroke. And when rainy season starts to
occur, more typhoons have visited the Philippines compared before and these typhoons are even stronger
compared before, just like last year when typhoon Yolanda (Haiyan) visited the Philippines and wash
away certain parts of Leyte. Such changes in our environment is very alarming, and environmentalists
would tell us that what we have been experiencing now is due to the so called climate change, which, as
they would say, that human activities are the biggest contributor of such phenomenon. Maybe this is
what prompts some environmentalist and writers to write some articles linking the concept of climate
change to the concept of human rights.
One of which is the article written by Siobhan McInerney-Lankford, this article basically talks about the
connection and the relationship between the two concepts namely: climate change and human rights. The
article would tell us that these two concepts have similar principles such as the duty of cooperation, do
no harm, and equity.2
At first, I could hardly imagine how climate change is connected with human rights because if we could
just simply took these concepts as they are, they are really not connected and is way too far from each
other. As we could see, most international environmental problemsincluding climate changecannot be
addressed by individual states acting alone; they require collective effort. In contrast, human rights
obligations do not depend on reciprocity. States owe obligations not only to one another, but also to
individuals; moreover, one states respect for human rights does not depend on, and may not be
conditioned on, compliance by other states.3
But after reading this 7 page article by Siobhan McInerney-Lankford, it makes me realize that these two
concepts really are inter-connected. This article would give us a simple explanation and context that
defines the intersection of human rights and climate change. The article simply gives us an overview or a
short information as to what and how these two concepts intersect and as to how one concept affects the
other, and the article gives its readers a short and brief illustration as to how climate change may affect
the enjoyment of human rights.
One of the articles illustration as to how the two concept intersects is the discussion on the U.N. Human
Rights Council resolution and the OHCHR4 study in which both emphasize how climate change will
negatively impact (and already is negatively impacting) the enjoyment of specific human rights in many
countries around the world, with the starkest examples emerging in small island and low-lying states and
areas at risk for increased desertification and drought. 5 The article states that the adverse effect of
Geoff Mulgan
Siobhan McInerney-Lankford Climate Change and Human Rights:
An Introduction to Legal Issues, http://www.law.harvard.edu/students/orgs/elr/vol33_2/McInerneyLankford.pdf (accessed October 19, 2014)
3 Daniel Bodansky Climate Change And Human Rights: Unpacking The Issues Georgia Journal Of
International And Comparative Law (2010)
4 Office of the High Commissioner for Human Rights
5 Siobhan McInerney-Lankford Climate Change and Human Rights:
1
2

climate change includes the right to life, food, water, health, housing, and self determination; they may
also include rights under threat because of climate change-related conflict or displacement. The impacts
will also affect the rights of certain vulnerable groups disproportionately, with factors such as poverty,
gender, age, indigenous or minority status, and disability reinforcing the disparate impacts 6.
One of the problem of this article is that because of its simplicity, it only provides its readers a very brief
illustrations ad explanations considering that it is talking about climate change which is the most serious
and the most crucial subject matter because it affects not only one country or one nation but the entire
planet.
We cannot deny the existence and the effects of climate change, not just in our nation, but in its entirety.
Its just so sad that as this phenomenon unfolds, its most dramatic impacts are expected to occur (and
are already being experienced) in the worlds poorest countries, where rights protections too are often
weak,7 the biggest impacts are expected in poor regions of the world where people are the most
vulnerable, have the least capacity to adapt, and are the least responsible for having caused the problem
in the first place.
Some of the effects of climate change are expected to result in more intense storms, increased drought,
water shortages, and flooding of coastal areas, which in turn may result in malnutrition due to heat and
drought-related crop losses, disease due to changed disease vectors and lack of access to clean drinking
water, and loss of homes and means of subsistence due to flooding and extreme weather events8
As what a famous naturalist says that There is no question that climate change is happening; the only
arguable point is what part humans are playing in it.9 The existence of climate change is undeniably
present in our generation today, and since this climate change has been intruding in our rights as a
human being to continue to live a healthy life through having a healthy environment, we must act now,
we must not contribute to the continuing emergence of this climate change. We must keep our
environment clean and healthy, not just for ourselves but also for the future generations as well.

An Introduction to Legal Issues, http://www.law.harvard.edu/students/orgs/elr/vol33_2/McInerneyLankford.pdf (accessed October 19, 2014)

6 OHCHR, Report of the OHCHR on the Relationship Between Climate Change and
Human Rights, U.N. Doc. A/HRC/10/61

Climate Change and Human Rights: A Rough Guide, International Council on Human Rights
Policy. Versoix, Switzerland (2008)
7

Daniel Bodansky Climate Change And Human Rights: Unpacking The Issues Georgia Journal Of
International And Comparative Law (2010)
9 Sir David Frederick Attenborough
8