Climate Change and Right to Development

Abstract

The Right to Development is a relatively new right in human rights law. Although its roots may be traced to pre-world war era, Right to Development took concrete shape with the passing of the UN Declaration on the Right to Development in 1986. Some renowned academic institutions in India are making recent efforts to make the “Right to Development” a Fundamental Human Right. Climate change poses a direct threat to human rights of people, especially in tropically situated countries of the south (including India), which are coincidentally home to a large number of vulnerable/marginalized people who are considerably poor to concern themselves with issues such as climate change. Due to mounting pressure from least developed countries (LDCs) and small island developing countries (SIDSs), international community has lately shown greater interest in establishing a direct link between climate change and human rights. This interest may be a reaction to the recurrent failures in reaching a consensus in the climate change negotiations through mechanical Conference of Parties (COPs). Similar to a bottom-up approach that seems to have worked well for the Paris agreement, it was believed by experts that linking human rights to climate change would shake the conscience of the reluctant parties to act expeditiously. The importance of a human rights–based approach to climate change will be highlighted in the light of two recent developments in the climate change discourse: First, the recognition by scientists of several extreme disaster as climate change events directly violating the human rights of the vulnerable; second, the dilution of the differentiation created between developing and developed nations by the Common But Differentiated Responsibilities (CBDR) principle in the recent climate change agreements. This paper seeks to establish the efficacy of the human Right to Development (through tools such as Greenhouse Development Rights) in effectuating the third world approaches to the issue of climate change in the global south.