A New Perspective on Combating Climate Change: The Right to Decarbonisation as a Fundamental Human Right

Abstract

Basic human rights are increasingly under threat due to climate change. This study explores the potential to conceptualise the right to decarbonisation as an emerging human right under international climate law and international human rights law. The research method used is qualitative, comprising doctrinal and normative legal research. It considers the UN Framework Convention on Climate Change, the Kyoto Protocol, the Paris Agreement, the UNICCPR, the UNICESCR, the Aarhus Convention, UN resolutions on the right to a healthy, sustainable environment, and climate litigation. The findings show that decarbonisation is already included in the international climate law with obligations for reducing GHGs, carbon neutrality, and net-zero transition. However, it has not yet been formally recognised as an autonomous human right. It further shows that the proposed right to decarbonisation has substantive and procedural dimensions. Its material dimension relates to lower emissions and decarbonization of systems. On the procedural side, the issue is access to climate information, participation, and access to justice. The study shows that the right to decarbonisation, by enabling the protection of current socio-economic and environmental rights, can be used as an enabling right. The study contributes to the legal domain by both conceptualising decarbonisation as a climate policy goal and as a legal argument with rights implications. This right has the potential to enhance climate accountability, corporate responsibility, climate justice, and protect present and future generations.