Description
Unpacking The Right to A Healthy Environment in a Political-Legal Discourse: A ‘Bold Action’ for Climate Justice?
The praxis of climate justice and the rise of international solidarity for climate action can be studied through contrapuntal reading of the Right to a Healthy Environment in a discourse of political-legal discourse; observing how the complementarity of law and politics is critical in the successful implementation of the ‘new’ right. In 2021, during the 48th Session of United Nations Human Rights Council, the High Commissioner for Human Rights Ms. Michelle Bachelet stressed the need for ‘bold action’ – where the new human right, the Right to a Healthy environment “serves as a springboard to push for transformative economic, social and environmental policies that will protect people and nature.” The recognition of the same in the UN General Assembly in 2022 – exposes the voting patterns that throws light on the rising international solidarity for environmental concerns – this is key in climate action.
This interdisciplinary article argues how a political-legal analysis of the Right to a Healthy Environment posits a transformative narrative for climate justice – encouraging to analyze Our Common Agenda in its promise of justice to future generation is understood through critical theory. Albeit the Right to a Healthy Environment is not legally binding, the trickle-down effect of the same is promising – for the constitutional recognition of the same in nations, which will lead to stronger environmental laws, better enforcement, enhanced public participation in environmental decision-making and positive outcomes; again, reinforcing the need to study the complementarity of law and politics in this ‘new’ right. The article is divided into three – Part I unpacks the history of Right to a Healthy Environment and role of international politics in it – positing further how this influences climate justice and the norm cascade United Nations brings. Part II studies how the Global North-South voting patterns in UN Human Rights Council in 2021, and General Assembly 2022 informs the rise in international solidarity for climate action. Part III concludes how such a ‘bold action’ is key in representing the third world, particularly its marginalised and oppressed groups in laws and texts.
Keywords: Right to a Healthy Environment, Climate Justice, critical theory, International Solidarity, Our Common Agenda
