There is growing realization that the consequences of climate change threaten a widening range of fundamental human rights. This realization is accompanied by greater legislation and regulation. Business leaders need to take the interrelated issues of climate change and human rights seriously, especially given the looming threats of litigation, which has the potential to severely impact the reputation and ongoing viability of firms.
In Tuvalu – one of the first countries to be significantly impacted by rising sea levels due to climate change, attributable to emissions from businesses and countries many thousands of miles away – the climate crisis has already worsened human rights conditions greatly. Additionally, the impact of climate change on human mobility cannot be overemphasized; climate change is the leading reason for new displacements globally, with disasters triggering 32.6 million new internal displacements in 2022.
Environmental justice – the fair treatment and meaningful involvement of all people in the development, implementation and enforcement of environmental laws, regulations and policies –is crucial to combat the uneven vulnerabilities to climate crisis that reinforce discrimination, segregation and displacement of marginalized groups. With extreme weather, disruption and upheaval preventing people globally from leading safe and healthy lives, the poorest and most vulnerable are being impacted the most.
Increasingly, climate change litigation is relying on the legal lens of human rights. According to a report published by the UNEP, one of the most visible categories of climate cases includes actions asserting that insufficient climate mitigation or adaptation violates rights to life, health, food, water, liberty, family life, a healthy environment and a safe climate.
At a macro level, there is a need for a collective response to climate change. With the UN Guiding Principles on Business and Human Rights (UNGPs) laying down the responsibilities of business to actively safeguard basic freedoms, businesses are in an important position to take initiative and exert pressure on their peers and governments to do better.
At a micro level, business risks stemming from climate and social justice crises are increasingly interrelated and can only be addressed via an integrated approach to build resilience and business longevity.
Organizations must avoid causing and contributing to adverse human rights and environmental impacts through their products, operations, and value chains – at the very least. But many aren’t doing enough. In a rapidly warming Arctic, with coastlines deteriorating and sea ice melting, Inuit homes are submerging. Yet the callousness of business and the scant regard for human rights is evident – fossil fuel firms are eyeing the region for new oil and gas extraction, and the tourism industry is seeing new opportunities.
In December 2023, a legislative committee proposed that the Irish government draft constitutional amendments to recognize that humans have an inherent right to a clean environment and stable climate. More than two-thirds of the 27 European Union countries already recognize a universal human right to a healthy environment. Such vociferous acknowledgement of climate change being, inherently, a human rights issue can further prompt a movement towards right-based action against climate change.
As the world begins to suffer from the profound impact of climate change, businesses find themselves in the midst of a new eco-social contract that positions human rights at the heart of their license to operate.
