The human rights turn in climate change litigation and responsibilities of legal professionals
| Author | Julie Fraser,Laura Henderson |
| Date | 01 March 2022 |
| DOI | 10.1177/09240519221085342 |
| Published date | 01 March 2022 |
| Subject Matter | Column |
The human rights turn in
climate change litigation and
responsibilities of legal
professionals
Julie Fraser
Netherlands Institute of Human Rights (SIM) and Montaigne Centre for the Rule of
Law and Administration of Justice, Utrecht University, the Netherlands
Laura Henderson
Netherlands Institute of Human Rights (SIM) and Utrecht Centre for Global
Challenges, Utrecht University, the Netherlands
Abstract
Climate change is already being felt around the world, impacting a range of human rights including
ultimately the right to life. While a healthy environment is a pre-condition for the enjoyment of
rights, the environment is not mentioned in the foundational human rights document –
Universal Declaration of Human Rights –nor is it specifically protected in subsequent international
human rights treaties. This artificial division is partially a function of the separate development of
international human rights and environmental law in the last century, which today needs urgently
to be bridged. Progress is slowly being made, such as the 2021 Resolution recognising the right to
a healthy environment by the UN Human Rights Council and the various petitions being lodged
before human rights bodies. This column discusses the (long overdue) recognition of the
human rights/environment nexus and the subsequent human rights turn in climate change litiga-
tion. In light of the challenges still faced when addressing the impacts of climate change under
human rights law, we engage in (self-)reflection on the professional responsibilities of judges/deci-
sion-makers, lawyers, and scholars as active participants in the development of the law as well as
the struggle for climate justice. We urge these legal professionals to be aware of the power they
have in shaping these developments, and discuss how their role can be performed responsibly.
Keywords
Human rights, climate change, environment, judicial activism, professional responsibilities
Corresponding author:
Julie Fraser, Netherlands Institute of Human Rights (SIM) and Montaigne Centre for the Rule of Law and Administration
of Justice, Utrecht University, the Netherlands.
Email: j.a.Fraser@uu.nl
Column
Netherlands Quarterly of Human Rights
2022, Vol. 40(1) 3–11
© The Author(s) 2022
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DOI: 10.1177/09240519221085342
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