Legal Protection of Vulnerable Communities in Environmental Justice in the Climate Era

Indonesia’s forests, vital as the “lungs of the world,” face severe deforestation due to industrial expansion, particularly palm oil and mining, leading to significant carbon emissions and environmental injustice. This research examines the legal framework that protects vulnerable communities, especially indigenous peoples, from the negative impacts of deforestation and climate change. Using a normative juridical method and a statutory approach, this research analyzes relevant legal regulations in Indonesia as well as international treaties, supported by secondary and tertiary legal materials. The results show that although Indonesia has a legal umbrella and international commitments such as the Paris Agreement and NDC for climate change mitigation and environmental protection, their implementation is often not optimal. This leads to environmental injustice, where indigenous peoples lose their livelihoods and ancestral lands without adequate legal access or participation in decision-making. The research concludes that effective law enforcement, recognition of indigenous peoples’ rights, and integration of environmental justice into national climate policies are critical to achieving sustainable development and equitable outcomes.

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals and communities affected by environmental harm are rights-holders entitled to protection. Such communities are left out of important decisions about their environment and the effect of environmental harm in their lives. Individuals most vulnerable to environmental harm are often members of poor, rural, and disenfranchised communities. The destruction of the environment disproportionately affects these communities, preventing them from accessing basic natural resources, clean water and sanitation, adequate housing, food security, and access to health and medical assistance. Additionally, intersecting forms of discrimination exacerbate exclusion and marginalization. A human rights approach to environmental justice emphasizes the need to protect affected communities and holds the State responsible for recognizing their vulnerability and providing heightened protection. This article seeks to show that while the human right to a healthy environment has not been widely recognized, a robust juridical framework enables environmental justice advocates and affected communities to vindicate the rights of vulnerable communities. The case study of coal-ash contamination in Puerto Rico and the harms suffered by affected communities there anchors the argument for why advocates should use a human rights framework to protect the rights of the most vulnerable. The case of Puerto Rico is illustrative of so many poor, disenfranchised, and vulnerable communities around the world, affected by environmental harm and in need of a human rights-based framework.

Climate change, acid rain, depletion of the ozone layer, species extinction—all of these issues point to one thing: environmental health is a global issue that concerns all nations of the world. Now add environmental justice to the list. From South Bronx to Soweto, from Penang to El Paso, communities all over the world are finding commonality in their experiences and goals in seeking environmental justice. Environmental justice was defined by Robert Bullard, director of the Environmental Justice Resource Center at Clark Atlanta University, in his seminal 1990 work Dumping in Dixie: Race, Class, and Environmental Quality as “the principle that all people and communities are entitled to equal protection of environmental and public health laws and regulations.” In countries around the world, the concept of environmental justice can apply to communities where those at a perceived disadvantage—whether due to their race, ethnicity, socioeconomic status, immigration status, lack of land ownership, geographic isolation, formal education, occupational characteristics, political power, gender, or other characteristics—puts them at disproportionate risk for being exposed to environmental hazards. At a global scale, environmental justice can also be applied to scenarios such as industrialized countries exporting their wastes to developing nations. In either case, “environmental and human rights have no boundaries, because pollution has no boundaries,” says Heeten Kalan, senior program officer of the Global Environmental Health and Justice Fund of the New World Foundation in New York City. “Environmental justice organizations are starting to understand that they are working in a global context.”

Informed by transdisciplinary research in social and environmental justice, Race and Environmental Justice in the Era of Climate Change and COVID-19 is a contribution to the scholarly discourse as well as a form of activism for environmental, climate, and health justice. Using race and Indigeneity as an analytical lens, the book explores how justice in the era of climate change and COVID-19 is envisioned, depicted, and achieved. With a focus largely on humans and environments, its explorations of (in)justice illustrate the wide health and safety gaps between individuals, communities, and even nations living under different environmental conditions. The volume also moves beyond the human toward justice for all beings. This book foregrounds voices from world communities, provides solutions to environmental and health crises, and advances environmental justice.

Roundtable on the Pandemics of Racism, Environmental Injustice, and COVID-19 in America

Climate change has significantly impacted vulnerable communities in Indonesia, including indigenous peoples, coastal communities, and those living in disaster-prone areas. Although Indonesia has adopted several environmental and human rights legal instruments, legal protection for these vulnerable groups remains inadequate. This paper aims to analyze the existing legal framework, assess its effectiveness in providing protection, and identify regulatory gaps that contribute to legal inequality. The method used is normative legal research with statutory and conceptual approaches. The research findings show that existing regulations are sectoral and have not fully integrated into the principles of environmental justice and human rights. More inclusive, participatory and responsive legal reforms are needed to address climate-related challenges. The study recommends the development of a rights-based national climate policy that ensures no community is left behind.

Preparing individuals with spinal cord injury for extreme storms in the era of climate change

Contents: Volume I Acknowledgements Introduction Dinah L. Shelton PART I THEORETICAL APPROACHES 1. Joseph L. Sax (1990), `The Search for Environmental Rights' 2. James W. Nickel (1993), `The Human Right to a Safe Environment: Philosophical Perspectives on Its Scope and Justification' 3. Gunther Handl (1992), `Human Rights and Protection of the Environment: A Mildly `Revisionist' View' 4. Sumudu Atapattu (2002), `The Right to a Healthy Life or the Right to Die Polluted?: The Emergence of a Human Right to a Healthy Environment Under International Law' 5. Alan Boyle (2007), `Human Rights or Environmental Rights? A Reassessment' 6. Roda Mushkat (2009), `Contextualizing Environmental Human Rights: A Relativist Perspective' 7. Hari M. Osofsky (2005), `Learning from Environmental Justice: A New Model for International Environmental Rights' 8. Richard P. Hiskes (2005), `The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice' 9. James R. May (2006), `Constituting Fundamental Environmental Rights Worldwide' 10. Prudence E. Taylor (1998), `From Environmental to Ecological Human Rights: A New Dynamic in International Law?' PART II SPECIFIC ISSUES AND PROBLEMS 11. Malgosia Fitzmaurice (2007), `The Human Right to Water' 12. Paul L. Joffe (2009), `Conscience and Interest: Law, Rights, and Politics in the Struggle to Confront Climate Change and the New Poverty' 13. Marc Limon (2009), `Human Rights and Climate Change: Constructing a Case for Political Action' 14. Cyril Uchenna Gwam (2002), `Adverse Effects of the Illicit Movement and Dumping of Hazardous, Toxic, and Dangerous Wastes and Products on the Enjoyment of Human Rights' 15. Michael N. Schmitt (2000), `Humanitarian Law and the Environment' 16. Christopher Tracy (1994), `The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment' 17. Daniel Barstow Magraw and Lauren Baker (2007), `Globalization, Communities and Human Rights: Community-Based Property Rights and Prior Informed Consent' Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I VULNERABLE POPULATIONS 1. Lawrence Watters (2002), `Indigenous Peoples and the Environment: Convergence from a Nordic Perspective' 2. Cherie Metcalf (2003), `Indigenous Rights and the Environment: Evolving International Law' 3. Rebecca Tsosie (2007), `Indigenous People and Environmental Justice: The Impact of Climate Change' 4. Aurelie Lopez (2007), `The Protection of Environmentally-Displaced Persons in International Law' 5. Karen E. MacDonald (2006), `Sustaining the Environmental Rights of Children: An Exploratory Critique' PART II INTERNATIONAL TEXTS AND JURISPRUDENCE 6. Neil A.F. Popovic (1996), `In Pursuit of Environmental Human Rights: Commentary on the Draft Declaration of Principles on Human Rights and the Environment' 7. John H. Knox (2009), `Linking Human Rights and Climate Change at the United Nations' 8. Dinah Shelton (2010), `Developing Substantive Environmental Rights' 9. Stephen J. Powell (2007), `Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights' 10. Ole W. Pedersen (2008), `European Environmental Human Rights and Environmental Rights: A Long Time Coming?' 11. Kristof Hectors (2008), `The Chartering of Environmental Protection: Exploring the Boundaries of Environmental Protection as Human Right' 12. Jona Razzaque (2007), `Linking Human Rights, Development, and Environment: Experiences from Litigation in South Asia' 13. Cesare Pitea (2006), `The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms'

This study explores the critical intersection of ethical corporate governance and climate change, aiming to understand how governance frameworks can incorporate ethical considerations to address environmental challenges effectively. Employing a systematic literature review and content analysis, the research scrutinizes peer-reviewed articles, conference proceedings, and authoritative reports published from 2010 to 2024. The methodology focuses on identifying, coding, and categorizing themes related to the integration of ethical principles in corporate governance and their impact on climate change mitigation. Key findings reveal that ethical corporate governance plays a pivotal role in guiding corporations towards sustainable practices. Ethical theories, including deontological ethics, consequentialist ethics, and virtue ethics, underpin decision-making processes that prioritize environmental stewardship and social responsibility. The study highlights the necessity for governance structures to evolve beyond traditional profit maximization, advocating for transparency, accountability, and stakeholder engagement in addressing climate change. The future of corporate governance is envisioned as a dynamic framework that navigates ethical challenges in a changing climate, fostering innovation and collaboration. Strategic recommendations are provided for boards, executives, and policymakers to enhance ethical governance, emphasizing the importance of embedding environmental ethics into corporate culture and supporting policy initiatives that promote sustainability. Finally, the study underscores the imperative of integrating ethical considerations into corporate governance as a means to combat climate change, calling for further research to develop empirical evidence supporting the effectiveness of these practices.

Coming Together for Climate and Health: Proceedings of the Second Annual Clinical Climate Change Meeting, January 24, 2020.

Climate change and the right to health of people with disabilities

Climate change presents an unprecedented threat to human rights, disproportionately affecting marginalized communities and exacerbating global inequality. This study explores the conceptualization of environmental justice as a human right and examines the legal tools available to ensure climate accountability at domestic, regional, and international levels. The research aims to highlight how a rights-based approach can reinforce climate governance and empower vulnerable populations through access to justice, legal remedies, and participatory frameworks. Adopting a doctrinal methodology, this study reviews constitutional provisions, international treaties, judicial decisions, and climate litigation trends to evaluate the effectiveness of current legal mechanisms. Key findings indicate that while several legal avenues such as environmental constitutionalism, human rights litigation, and international soft law offer potential for enforcing environmental justice, their practical impact is limited by enforcement gaps, jurisdictional constraints, and power asymmetries. Nonetheless, emerging jurisprudence and legal innovations show promise in bridging these gaps. The study concludes that recognizing environmental justice as a fundamental human right and strengthening legal accountability mechanisms are essential steps toward achieving climate justice and ensuring equitable environmental protection for present and future generations. Environmental justice has emerged as a crucial dimension of human rights discourse in the era of climate crisis. As climate change disproportionately affects marginalized and vulnerable populations, the demand for legal mechanisms to hold polluters accountable and protect communities has intensified. This article explores environmental justice as a fundamental human right and critically evaluates the legal tools available at domestic, regional, and international levels for enforcing climate accountability. It argues for a rights-based approach to climate governance, emphasizing legal empowerment, procedural safeguards, and judicial remedies as essential strategies for ensuring environmental justice.

This Chapter analyses, through the lens of environmental justice, the Inter-American Court of Human Rights’ jurisprudence interpreting and applying the American Convention on Human Rights and related instruments. Faced with the lack of efficient and accessible domestic legal remedies to protect themselves from the threats of environmental degradation, an increasing number of groups and individuals, in particular indigenous peoples, are turning to the Inter-American system as a potential vector of environmental rights and justice. This Chapter first analyses, in terms of environmental justice, the actual and potential strengths and shortcomings of the Inter-American Court of Human Rights’ jurisprudence pertaining to the interpretation of the right to a healthy environment, the right to life and the right to freedom of thought and expression. It then analyses the multifaceted and potentially tense relationships between environmental justice and the right to property as this right has been interpreted by the Court in the context of litigation opposing indigenous peoples and States with regard to economic development projects on their traditional lands. The Chapter shows that the Inter-American Court’s progressive interpretation of human rights and freedoms provides interesting tools for promoting environmental justice. In particular, the right to life, interpreted by the Court through the notion of human dignity, could impose on States the positive duty to adopt concrete measures to secure the environmental conditions necessary for living a decent and healthy life. Moreover, the Court, relying on the principle of the equality of legal cultures, interpreted the traditionally individualistic right to property as encompassing indigenous peoples’ customary title and jurisdiction. However, considering the significant limitations imposed by the Court on those extensively-defined rights, the Chapter concludes that in order to promote environmental justice, human rights interpretation and adjudication would have to account more fully for the interconnectedness between human communities’ health and well-being and ecological integrity.

Adverse environmental exposures worsened by our changing climate threaten respiratory health and exacerbate existing social inequities that further undermine environmental justice (EJ). EJ is the capacity of all people, regardless of sociodemographic characteristics, to minimize harmful exposures and live a healthy life. EJ is achieved through the development, implementation, and enforcement of environmental laws, regulations, and policies. In 2023, an American Thoracic Society workshop convened a group of 39 clinicians, researchers, community advocates, research program administrators, and health policy experts to characterize the respiratory health threats and EJ concerns arising from climate change. The workshop explored four main climate areas through a socioecological and EJ perspective: 1) respiratory health risks, 2) respiratory health impacts in low- and middle-income countries, 3) climate mitigation and adaptation strategies, and 4) priority research infrastructure needs. The workshop committee concluded that climate change can directly and indirectly impair respiratory health and that persistently excluded or marginalized communities (including those in low- and middle-income countries) are disproportionately impacted. These disproportionately impacted communities also lack hazard monitoring and resources to evaluate and advocate for mitigation of adverse environmental exposures. Future respiratory health research must inform mitigation strategies to reduce climate-related emissions from industry to net zero. Researchers, communities, and policymakers require training and support to meaningfully engage with systems-thinking research as well as policy solutions focused on mitigating and adapting to climate change. Finally, the workshop committee recommends a rapid transition away from fossil fuel dependence to a world that provides an equitable allocation of clean transportation options and renewable sources of energy production.

People in Sub-Saharan Africa are particularly vulnerable to the consequences of climate change because of a variety of factors, including poverty and the intensity of the effects of climate change on people whose livelihoods still largely depend on the land. The outcome is gross violations of human rights among the people of Africa. This study examines the link between climate change and human rights from an African perspective. It explores the international framework protecting the human rights of people severely affected by climate change in order to determine to what extent it adequately protects these rights. Drawing on examples from Zimbabwe, Nigeria and countries involved in armed conflict, the authors argue that African governments have responsibilities to protect fundamental human rights in the context of climate change. Recommendations are offered on how human rights can be more effectively protected in the era of climate change.