USING HUMAN RIGHTS LAW TO ENFORCE CLIMATE OBLIGATIONS: A COMPARATIVE STUDY

13 February 2026, Version 1
This content is an early or alternative research output and has not been peer-reviewed by Cambridge University Press at the time of posting.

Abstract

Human rights law has emerged as a powerful avenue for enforcing state climate obligations, especially as traditional environmental regimes struggle to compel ambitious action. Across multiple jurisdictions, courts increasingly interpret rights to life, health, food, and a healthy environment as requiring stronger climate mitigation and adaptation measures. Landmark decisions such as Urgenda v. Netherlands, Neubauer v. Germany, and Leghari v. Pakistan illustrate how rights-based arguments strengthen state duties, expand justiciability, and compel more concrete governmental responses. Support from UN institutions including the OHCHR and the Human Rights Council has further clarified states’ human rights obligations in the context of climate impacts, reinforcing their legal accountability. Despite jurisdictional limits and variable enforcement mechanisms, the human rights framework continues to shape global climate governance and remains one of the most effective legal strategies for demanding timely and science-aligned climate action.

Keywords

Keywords
human rights law
climate change
climate obligations
climate litigation
comparative study
environmental rights
UN human rights system
state responsibility
constitutional rights
climate justice

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