From Rights to Justice: The Prospective of the Human Right to Development in the Climate Crisis

There is an inherent tension between poverty-eradicating, but fossil-fuel intensive, development and global climate change mitigation efforts. The human right to development, as established in the 1986 Declaration, recognizes a right to continuous improvement of life, irrespective of the negative environmental consequences related to this development. There is thus a need to review the human right to development in the context of climate change. In this thesis, I argue for a ‘threshold conception’ of the right to development, as it should be understood as a right to an unconditional process of development till the fulfillment of basic needs. Thereafter, development – then considered economic growth – should be consistent with the concept of sustainability. Moreover, I argue in favor of the adoption of the OHCHR’s Draft Convention on the Right to Development (2020) because it recognizes the triangular interconnectedness of development, the protection of human rights, and climate...Show moreThere is an inherent tension between poverty-eradicating, but fossil-fuel intensive, development and global climate change mitigation efforts. The human right to development, as established in the 1986 Declaration, recognizes a right to continuous improvement of life, irrespective of the negative environmental consequences related to this development. There is thus a need to review the human right to development in the context of climate change. In this thesis, I argue for a ‘threshold conception’ of the right to development, as it should be understood as a right to an unconditional process of development till the fulfillment of basic needs. Thereafter, development – then considered economic growth – should be consistent with the concept of sustainability. Moreover, I argue in favor of the adoption of the OHCHR’s Draft Convention on the Right to Development (2020) because it recognizes the triangular interconnectedness of development, the protection of human rights, and climate-related obligations. The convention establishes duties regarding climate mitigation, adaptation, and combatting climate injustices for states and the international community, which can both realize the right to development as the objectives of the human rights approach to climate change.Show less

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From Rights to Justice: The Prospective of the Human Right to Development in the Climate Crisis