Human rights, climate change and remedies

Margaretha Wewerinke-Singh and Melina Antoniadis

Chapter 31 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 556-573 from Edward Elgar Publishing

Abstract: Loss and damage from climate change are already being experienced around the world, and these impacts have severe implications for the enjoyment of virtually all human rights. Despite the importance of the issue, international climate change negotiations have produced extremely limited results in terms of providing redress to victims, with the emerging regime on loss and damage explicitly excluding liability and compensation from its scope. Increasing attention is therefore being paid to the role of human rights law, including the right to a remedy, in filling these gaps in accountability and protection. This chapter considers two elements of the right to a remedy in connection with climate change: access to justice and substantive redress. It first discusses forums that have heard claims of human rights violations related to climate change, with particular attention to procedural obstacles to successful litigation. It then discusses substantive redress, drawing on general human rights jurisprudence as well as emerging jurisprudence on human rights and climate change. Bringing these two lines of analysis together, it reflects on the prospects and challenges for accessing redress for climate harm through the invocation of human rights law.

Keywords: Access to justice; Human rights; Redress; Right to a remedy (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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