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Human-Rights Approaches to Climate Change - Focusing on Right to Health -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 60(), pp.425-448
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Byung Do Park 1

1건국대학교

Accredited

ABSTRACT

Climate change is likely to impact human health directly and indirectly. The direct health impacts include those due to changes in exposure to thermal extreme, both hot and cold, increases in extreme weather events, such as floods, cyclones, storms, droughts and increased production of certain air pollutants and aeroallergens, such as spores and moulds which result in severe health repercussions. Climate change represents an extremely grave risk to the health of individuals, communities and populations, especially those living in poverty in developing countries. Climate change poses risks to established human rights and the social processes that make people vulnerable to climate change often entail the violation of human rights. Given the massive public health challenges posed by climate change, especially in the developing world, there is an urgent need for a global partnership aimed at establishing an effective, integrated environmental regime capable of ensuring healthy environmental conditions for all. Given the broad-based nature of climate change, the focus of law and policy has never been exclusively environmental. Economic and trade issues have played a key role from the out set. While environmental and economic considerations have been central to the climate changed legal regime, the same cannot be said for its human rights aspects. The largest gains in reducing vulnerability may come from eliminating the most severe human rights violations through strengthening and developing the application and enforcement of human rights law. Avoiding human rights violations arising from climate change demands a renewed commitment to human rights to reduce vulnerability to climate change. Crucially, states have an obligation, arising from right to health, to take reasonable steps to slow down and reverse climate change. In this article, I briefly examine the content of the right to health, explore the linkages between climate change and human rights, especially right to health, and outline the right-to-health analytical framework. And the relationship between the content and legal nature of international human rights law on the right to health, climate change and human rights, and of fundamental human rights, being the most negatively affected as a result of climate change in the center of the right to health will also be analyzed. Thus, aspects of climate change, human rights, in particular, I wish to present a plan for to ensure the right to health.

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