Role of Climate Change in Exacerbating Sexual and Gender-Based Violence against Women: A New Challenge for International Law

Abstract

The advent of climate change era has been affirmed by various global processes including 21 May 2019 recognition by the Anthropocene Working Group of ‘human impact’ in bringing profound alterations on planet earth. It has emerged as the predominant ‘world problematique’. Though entire populations are affected by climate change, women and girls suffer the most. Due to their traditional roles, women are heavily dependent on natural resources. As already seen, as a consequence of natural disasters and during Covid-19 pandemic in 2020-21, women have faced heightened real-life challenges specially being vulnerable to different forms of sexual and gender-based violence (SGBV). They suffer from a lack of protection, privacy, and mental trauma. Women are exposed to SGBV due to weak or absence of social, economic, political security and the culture of widespread impunity to the perpetrators. There is double victimization of women both as human beings and because of their gender. Effect of SGBV is highly injurious and perpetual. A close study of four main areas of international law does not yield any international legal instrument that deals with SGBV against women during and after the climate change induced disasters. This is more ominous when growing evidence suggests role of climate change in exacerbation of SGBV against women and girls. Even texts of the three specific climate change treaties (1992 UNFCCC, 1997 Kyoto Protocol and 2015 Paris Agreement) do not address this issue. It has been given attention only through the decisions of the Conference of the Parties in recent years. Due to serious psychological and bodily harm SGBV causes to women, it needs to be explicitly factored in respective international legal instruments on climate change and disasters. Amidst ignorance, denials and lack of adequate attention as regards impact of climate change in exacerbating SGBV against women and girls from the scholars and decision-makers in the field, this study makes a modest effort to deduce and analyze – from scattered initiatives, scholarly literature in different areas, existing international legal instruments and intergovernmental processes – the growing causal relationship between climate change and SGBV against women and girls so as to suggest a way out for our better common future. It is a new challenge for international law that needs to be duly addressed in a timely manner.