Climate change and human rights. The Case of the Rural Community of Candela versus The Federation of Clonalia in the Inter-American Human Rights System.

Identifier:  TFG:541

Handle: https://hdl.handle.net/20.500.11797/TFG541

Authors:  Lutfi Royo, Màriam

Abstract:
This work aims to explore the relationship between the impacts of climate change and human rights on the basis of a fictitious case. Climate change has adverse effects that are threatening the progressive realization of a wide range of basic human rights such as i.a. the rights to life, to personal integrity and to health. The paradoxical about this reality is that developing states that have contributed the least to climate change, are suffering most intensely its consequences, thus emphasizing existing social vulnerabilities. The Case of the Rural Community of Candela vs The Federation of Clonalia describes the situation of inhabitants of a small island state that is endangered by rising sea levels, caused by climate change. The problem of this phenomenon presents some features that go beyond the standard legal theories and concepts. The disproportionate climate impact intensifies the urgency of the problem and the need for appropriate legal response in order to protect the human rights of these vulnerable populations. Thus, the present study attempts to draw a human rights approach to the climate change policies, following the Problem-Based Learning (PBL) method. The human rights system has developed a regulatory framework that, on the one hand, shows an effective instrument for the protection of the individual victims against negative impacts of climate change; and on the other hand, strengthens the binding nature of international standards that regulate it.