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Remedies for Human Rights Violations Caused by Climate Change

Remedies for Human Rights Violations Caused by Climate Change The right to a remedy is central to a human rights approach to climate change. However, a range of obstacles inhibit access to justice for victims of human rights violations caused by climate change. This article considers two elements of the right to a remedy: access to justice and substantive redress. In relation to access to justice, it considers the potential of domestic courts, as well as regional and international bodies, to offer redress for human rights violations caused by climate change. In relation to substantive redress, it examines international jurisprudence on remedies and discusses its applicability in the context of climate change. Together, these discussions provide an insight into the obstacles to justice for human rights violations caused by climate change and the ways in which these may be overcome. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Remedies for Human Rights Violations Caused by Climate Change

Climate Law , Volume 9 (3): 20 – Jun 26, 2019

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00903005
Publisher site
See Article on Publisher Site

Abstract

The right to a remedy is central to a human rights approach to climate change. However, a range of obstacles inhibit access to justice for victims of human rights violations caused by climate change. This article considers two elements of the right to a remedy: access to justice and substantive redress. In relation to access to justice, it considers the potential of domestic courts, as well as regional and international bodies, to offer redress for human rights violations caused by climate change. In relation to substantive redress, it examines international jurisprudence on remedies and discusses its applicability in the context of climate change. Together, these discussions provide an insight into the obstacles to justice for human rights violations caused by climate change and the ways in which these may be overcome.

Journal

Climate LawBrill

Published: Jun 26, 2019

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