State responsibility for human rights violations associated with climate change

Abstract

While there is widespread agreement that climate change has negative implications for the enjoyment of human rights, it remains unclear in what circumstances State action associated with climate change amounts to a human rights violation. To unpack this question, this chapter analyses how the law of State responsibility may apply to human rights violations associated with climate change. This involves a discussion of the nature of States’ obligations to prevent human rights violations and to take measures to ensure the realisation of human rights at home and abroad. Specifically, the chapter discusses to what extent human rights obligations and principles prescribe particular forms of climate action at the national level and in the context of international cooperation and support. Finally, the chapter sheds light on the potential legal consequences of human rights violations associated with climate change.