11th Annual Conference 2024 Berkeley Center on Comparative Equality and Anti-Discrimination Law

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Description

Human rights mechanisms in the pursuit of equality amidst climate change

Abstract: In recent scientific studies, evidence has emerged indicating that pollution in Rome has had an impact on mental health, contributing to conditions such as depression, schizophrenia, and psychotic episodes. Although pollution and climate change may appear initially separate, the United Nations Environment Program has consistently argued that these two phenomena are closely interconnected and mutually influence each other. Just like air pollution, climate change poses an existential threat by exacerbating global inequalities and undermining principles of equality, justice and human rights. While climate impacts know no borders, evidence demonstrates that marginalized communities who have contributed least to the problem are disproportionately bearing its harshest consequences and are not part of the decision-making processes related to maintaining a healthy environment. Factors such as poverty, gender, indigeneity, disability and lack of political agency determine which populations lack resilience to cope with climate stresses. This paper explores how the principle of equality, as translated into legislation and reflected in jurisprudence, can mitigate the disproportionate impacts of climate change on vulnerable and marginalized communities. This perspective is applied on a global scale through regional human rights organizations and United Nations treaty bodies. The focus is not only on comprehending equality law through some landmark acts, but also on analyzing how this concept can effectively address the exacerbated inequities brought about by climate change. Through this approach, the goal is to assess whether the concept of equality law is the most effective means to address contemporary global challenges especially inequities in the context of climate change. Furthermore, it aims to investigate whether, on a global scale, different regional human rights mechanisms, such as the European Court of Human Rights and the InterAmerican and African human rights systems, and the United Nations treaty bodies, such as the Human Rights Committee, adhere to a cohesive rationale, fostering a unified approach to address the repercussions of climate change on vulnerable populations. Alternatively, the study explores whether these mechanisms may, conversely, undermine the robustness of equality law as a protective concept within the realm of human rights law because of their difference approaches. The paper will draw out these tensions and contradictions through a human rights-based approach.
Period27 Jul 2024
Event typeConference
Conference number11
LocationBengaluru, IndiaShow on map
Degree of RecognitionInternational