Publications

USING A HUMAN RIGHTS LENS TO UNDERSTAND AND ADDRESS LOSS AND DAMAGE

BY KAREN E. MCNAMARA, RACHEL CLISSOLD, ROSS WESTOBY, STEPHANIE STEPHENS, GEORGE KORAN, WILLY MISSACK AND CHRISTOPHER Y. BARTLETT
02 / 11 / 2023
Man walking with a dog, along the shore of a tranquil beach. Image credit: wirestock via Envato Elements

The Vanuatu government is seeking an advisory opinion from the International Court of Justice on the legal responsibility of countries to act on climate change. This will provide clarity on loss and damage finance and could catalyse powerful legal tools that hold polluters accountable. Human rights can be a valuable framing for calling attention to and addressing loss and damage, but there remains limited scholarship so far. Here we explore how climate change is impinging on the rights of Ni-Vanuatu and what can be done in response. Our findings show that loss and damage to fundamental rights is already occurring and will worsen, undermining the right to a life of dignity. The future loss and damage fund, and other initiatives, should integrate a human rights restoration package that includes recording and safeguarding Indigenous knowledge, promoting cultural continuity, restoring the socio-ecological system, building back better and investing in education.

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