A human rights-based approach to environmental protection

Abstract

The successful protection and promotion of human rights depend on a healthy environment. Environmental degradation and climate change adversely affect the enjoyment of virtually all human rights. While ecological concerns were not previously considered human rights issues, the human rights dimensions of anthropogenic environmental change have been recently recognized in human rights literature and increasingly utilized in international litigation. However, while a human rights-based approach has long been applied in the development discourse to address issues such as poverty and discrimination, the implications of its implementation in achieving environmental and climate goals remains largely unexplored. This thesis proposes the application of a human rights-based approach in the pursuit of environmental protection and urgently needed climate action. The study explores the role of human rights in achieving environmental protection and climate mitigation and adaptation. The goal is to examine the benefits and limitations of the application of a human rights-based approach to environmental issues and climate change, and to further determine its legal and practical impacts. The study focuses on the development of human rights arguments through global environmental litigation. It also analyses the impacts of the application of a human rights-based approach in a legal dispute between Czechia and Poland regarding the Túrow coal mine.