Is There a Human Right to a Healthy Climate?

Human Rights Magazine (2024)


6 Pages Posted: 15 Nov 2024 Last revised: 15 Dec 2024

See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: October 29, 2024

Abstract

The Earth is experiencing the warmest period in human history. 2024 will likely be the warmest year since homo sapiens happened. 2025 will likely be worse, but not as bad as 2026, and so on. Fresh reports reveal current carbon atmospheric loading at 427 parts per million (ppm), far surpassing the goal of 350 ppm. And, astonishingly, global carbon output continues to increase. Humans are burning more fossil fuels, releasing more methane, and flying, driving, boating, and emitting more carbon than ever. Does human-caused (anthropogenic) global warming violate human rights? The United Nations (UN) Human Rights Council and the UN General Assembly have recently issued resolutions recognizing the right to a healthy environment. Most regional conventions, such as the African Charter on Peoples and Human Rights, recognize the right to a healthy environment, as do constitutions in at least 84 countries and six states in the United States.

Note: Copyright [2024] American Bar Association. Reproduced by permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Suggested Citation

May, James, Is There a Human Right to a Healthy Climate? (October 29, 2024). Human Rights Magazine (2024)


, Available at SSRN: https://ssrn.com/abstract=5008186 or http://dx.doi.org/10.2139/ssrn.5008186

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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