Using a human rights lens to understand and address loss and damage

Karen E. McNamara (), Rachel Clissold, Ross Westoby, Stephanie Stephens, George Koran, Willy Missack and Christopher Y. Bartlett
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Karen E. McNamara: The University of Queensland
Rachel Clissold: The University of Queensland
Ross Westoby: Griffith University
Stephanie Stephens: Vanuatu Climate Action Network
George Koran: Vanuatu Climate Action Network
Willy Missack: Vanuatu Climate Action Network
Christopher Y. Bartlett: Vanuatu Government

Nature Climate Change, 2023, vol. 13, issue 12, 1334-1339

Abstract: Abstract The Vanuatu government is seeking an advisory opinion from the International Court of Justice on the legal responsibility of countries to act on climate change. This will provide clarity on loss and damage finance and could catalyse powerful legal tools that hold polluters accountable. Human rights can be a valuable framing for calling attention to and addressing loss and damage, but there remains limited scholarship so far. Here we explore how climate change is impinging on the rights of Ni-Vanuatu and what can be done in response. Our findings show that loss and damage to fundamental rights is already occurring and will worsen, undermining the right to a life of dignity. The future loss and damage fund, and other initiatives, should integrate a human rights restoration package that includes recording and safeguarding Indigenous knowledge, promoting cultural continuity, restoring the socio-ecological system, building back better and investing in education.

Date: 2023
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DOI: 10.1038/s41558-023-01831-0

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