The meaning and potential of a human rights-based approach to climate change post-Sharma

Abstract

Against the background of the Sharma decisions, this article considers the meaning and potential of a human rights-based approach to climate change for Australia. It examines the human right to a healthy environment as recently recognised by the United Nations Human Rights Council and considers how recognition of this right has shaped climate litigation. Beyond formal legal recognition and climate litigation, this article argues that there is significant potential for a human rights-based approach to climate change in driving a rethinking of policy making which places people on the frontline of the climate crisis at the centre of responses to climate change and treats them as rights-holders rather than victims of a hostile climate.