Publication: Human Rights and Climate Change : A
Review of the International Legal Dimensions
Loading...
Published
2011-03-17
ISSN
Date
2012-03-19
Editor(s)
Abstract
The study includes a conceptual overview of the link between climate impacts and human rights, focused on the relevant legal obligations underpinning the international law frameworks governing both human rights and climate change. As such it makes a significant contribution to the global debate on climate change and human rights by offering a comprehensive analysis of the international legal dimensions of this intersection. The study helps advance an understanding of what is meant, in legal and policy terms, by the human rights impacts of climate change through examples of specific substantive rights. It gives a legal and theoretic perspective on the connection between human rights and climate change along three dimensions: first, human rights may affect the enjoyment of human rights. Second, measures to address human rights may impact the realization of rights and third, that human rights have potential relevance to policy and operational responses to climate change, and may promote resilience to climate change, including in developing countries in a way that may help sustainable development. This study effectively consolidates knowledge from the fields of international human rights law, international law governing climate change and international environmental law, building on the existing work of the United Nation (UN) office of the high commissioner on human rights, the UN human rights council and the international council on human rights policy. Although it maintains a legal focus, the study has benefited from the input of a host of international experts from other disciplines as well.
Link to Data Set
Citation
“McInerney-Lankford, Siobhan; Darrow, Mac; Rajamani, Lavanya. 2011. Human Rights and Climate Change : A
Review of the International Legal Dimensions. World Bank Study. © World Bank. http://hdl.handle.net/10986/2291 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Development, Climate Change and Human Rights from the Margins to the Mainstream?(World Bank, Washington, DC, 2011-03)Since 2005, a growing number of vulnerable communities and nations have used the human rights lexicon to argue their case for an urgent and ambitious response to climate change. The purpose of this Social Development Department Working paper is to examine the emergence of a new discourse linking climate change and human rights, and to assess its social and political implications, particularly as they relate to development practitioners. The scope of this paper is to explore what relevance this new discourse has on what David Kennedy calls the 'vocabularies, expertise, and sensibilities' of development practitioners (Kennedy 2005). The methodology for this paper involved interviews with academics and policy practitioners who have shaped this emerging discourse; a wide-ranging literature review of texts relevant to the fields of development, climate change and human rights; discussions with development professionals who have the daily responsibility of operationalizing approaches to reducing vulnerability and building resilience; and finally drawing upon the author's own experience leading the Maldives' government's initiative on the Human Dimensions of Climate Change and as a consultant within the Social Dimensions of Climate Change Cluster of the World Bank's Social Development Department. It is important to stress that this paper is not a legal piece. Human rights are as much about ethical demands, calls for social justice, public awareness, advocacy, and political action as they are concerned with legal norms and rules. Sen has pointed out a 'theory of human rights cannot be sensibly confined within the juridical model in which it is frequently incarcerated' (Sen 2004, 319). Consequently this piece will focus on the wider, political economy aspects of the interface between human rights and climate change. It is further appropriate to state that this is not an advocacy piece. The paper deliberately avoids being normative or prescriptive in recommending a human rights-based approach to developing climate change operations. It does examine why vulnerable populations chose to embrace this approach, why they continue to view it as a transformative strategy, and what some of the successes and challenges have been.Publication Human Trafficking : A Brief Overview(World Bank, Washington, DC, 2009-12)Millions of men, women and children are victims of human trafficking for sexual, forced labor and other forms of exploitation worldwide. The human and economic costs of this take an immense toll on individuals and communities. By conservative estimates, the cost of trafficking in terms of underpayment of wages and recruiting fees is over $20 billion. The costs to human capital are probably impossible to quantify. The problem of trafficking cuts across a range of development issues, from poverty to social inclusion, to justice and rule of law issues, and thus has relevance for practitioners throughout the development community. This note provides a brief overview on the issues of human trafficking, which can be used as a quick reference for the task team leaders, sector managers, directors, and their clients at the World Bank Group. This note will first provide a definition of human trafficking and the scope of the problem, and then summarize the regional trends of trafficking patterns. This is followed by a discussion of the key actors in the anti-trafficking movement and the role played by development partners in preventing human trafficking. The final section offers some potential orientations for the World Bank Group to further engage this issue in its operations.Publication Charting a Programmatic Roadmap for Sexual Minority Groups in India(Washington, DC, 2012-07)Discrimination and stigma are constant companions in the life of the rainbow people. Apart from the demand for decriminalization, the main issues that confront the community are discrimination and violence, recognition of alternative family structures, adoption and property rights, and access to social security measures including identity documentation, welfare schemes, and education and health services. In order to establish a realistic plan for their inclusion into state provided services and liberties, it was important to understand what prevents them from doing so at this time, and to develop a carefully crafted roadmap for actions that the State, community and other stakeholders can program into their day-to-day work. Sexual minorities have fought a long battle against discrimination. Criminalization of Hijra and homosexuals took place during the colonial period and Lord Macaulay drafted the now infamous section 377 of the Indian Penal Code (IPC) according to the law, voluntary carnal intercourse against the order of nature could be punished by imprisonment. Laws such as section 377 have long been removed in most western democracies, although they persist in many post-colonial countries in Asia and Africa. In 2009, the Delhi High Court also read down the law, legalizing same sex consensual homosexual activities between adults. This judgment is unfortunately now challenged at the Supreme Court of India which is currently hearing the arguments of either side. The decriminalization of the community remains a fundamental issue which needs resolution if the community is to attain its rightful due. Continued advocacy on the part of the community and education of its people in the implications of the 2009 High Court judgment are important steps.Publication Colombia 2006-2010 : A Window of Opportunity(Washington, DC, 2007-01)This document presents the recently elected Colombian administration with a set of policy notes meant to enrich the debate around critical issues affecting the country's development. These notes build mostly upon existing research and represent the Bank's independent view on topics which are either at the crux of ongoing policy discussions or merit a more prominent place in this dialogue. This window of opportunity provides a very favorable setting for advancing aggressive interventions to further alleviate poverty and inequality. Even as a country with a long history of solid growth and stable democratic institutions, poverty remains a critical issue for Colombia. Years of consistent economic growth throughout the 1980s and early 1990s lifted many out of poverty, but the macroeconomic crisis at the end of the 1990s eradicated more than a decade of progress. The notes have been grouped around four strategic issues: challenges and constraints for the reform process, investing in people, laying the foundations for competitiveness, and reducing vulnerabilities. To this end, a national strategy for comprehensive peace, reconciliation and equitable development needs to be strengthened with the following elements: (i) a continued national level effort to create incentives for the demobilization of illegal armed groups, (ii) attention to the internally displaced population, who are the most visible and numerous victims of the conflict, (iii) mainstreaming inequality reduction interventions into key sectors, and (iv) local and regional community-led economic development and social capital building plans, inclusive of vulnerable and demobilized populations, all of which would contribute to prevent the recurrence of the armed conflict.Publication Forced Displacement(World Bank, Washington, DC, 2009-12)This note discusses the development dimensions of forced displacement, and the potential role of the World Bank to address these dimensions and contribute to durable solutions for group's who have returned from or are in displacement situations. For the purposes of this note, forced displacement refers to the situation of persons who are forced to leave or flee their homes due to conflict, violence, and human rights violations.
Users also downloaded
Showing related downloaded files
Publication Argentina Country Climate and Development Report(World Bank, Washington, DC, 2022-11)The Argentina Country Climate and Development Report (CCDR) explores opportunities and identifies trade-offs for aligning Argentina’s growth and poverty reduction policies with its commitments on, and its ability to withstand, climate change. It assesses how the country can: reduce its vulnerability to climate shocks through targeted public and private investments and adequation of social protection. The report also shows how Argentina can seize the benefits of a global decarbonization path to sustain a more robust economic growth through further development of Argentina’s potential for renewable energy, energy efficiency actions, the lithium value chain, as well as climate-smart agriculture (and land use) options. Given Argentina’s context, this CCDR focuses on win-win policies and investments, which have large co-benefits or can contribute to raising the country’s growth while helping to adapt the economy, also considering how human capital actions can accompany a just transition.Publication Europe and Central Asia Economic Update, Spring 2025: Accelerating Growth through Entrepreneurship, Technology Adoption, and Innovation(Washington, DC: World Bank, 2025-04-23)Business dynamism and economic growth in Europe and Central Asia have weakened since the late 2000s, with productivity growth driven largely by resource reallocation between firms and sectors rather than innovation. To move up the value chain, countries need to facilitate technology adoption, stronger domestic competition, and firm-level innovation to build a more dynamic private sector. Governments should move beyond broad support for small- and medium-sized enterprises and focus on enabling the most productive firms to expand and compete globally. Strengthening competition policies, reducing the presence of state-owned enterprises, and ensuring fair market access are crucial. Limited availability of long-term financing and risk capital hinders firm growth and innovation. Economic disruptions are a shock in the short term, but they provide an opportunity for implementing enterprise and structural reforms, all of which are essential for creating better-paying jobs and helping countries in the region to achieve high-income status.Publication World Development Report 2006(Washington, DC, 2005)This year’s Word Development Report (WDR), the twenty-eighth, looks at the role of equity in the development process. It defines equity in terms of two basic principles. The first is equal opportunities: that a person’s chances in life should be determined by his or her talents and efforts, rather than by pre-determined circumstances such as race, gender, social or family background. The second principle is the avoidance of extreme deprivation in outcomes, particularly in health, education and consumption levels. This principle thus includes the objective of poverty reduction. The report’s main message is that, in the long run, the pursuit of equity and the pursuit of economic prosperity are complementary. In addition to detailed chapters exploring these and related issues, the Report contains selected data from the World Development Indicators 2005‹an appendix of economic and social data for over 200 countries. This Report offers practical insights for policymakers, executives, scholars, and all those with an interest in economic development.Publication Morocco Economic Update, Winter 2025(Washington, DC: World Bank, 2025-04-03)Despite the drought causing a modest deceleration of overall GDP growth to 3.2 percent, the Moroccan economy has exhibited some encouraging trends in 2024. Non-agricultural growth has accelerated to an estimated 3.8 percent, driven by a revitalized industrial sector and a rebound in gross capital formation. Inflation has dropped below 1 percent, allowing Bank al-Maghrib to begin easing its monetary policy. While rural labor markets remain depressed, the economy has added close to 162,000 jobs in urban areas. Morocco’s external position remains strong overall, with a moderate current account deficit largely financed by growing foreign direct investment inflows, underpinned by solid investor confidence indicators. Despite significant spending pressures, the debt-to-GDP ratio is slowly declining.Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.