Hall Margaux J
Post-Graduate Academic Fellow at Columbia Law School in New York, NY, and a Justice Reform Specialist with the World Bank's Justice for the Poor Program in the Justice Reform Group, World Bank, Washington, DC.
Health Hum Rights. 2014 Jun 14;16(1):8-18.
Scholars have increasingly recognized the ways in which climate change threatens the human rights of people around the world, with a disproportionate burden on the rights of already vulnerable persons. At particular risk to these populations is the right to health, as well as to interconnected human rights. Yet, scholars have generally not provided a thorough assessment of precisely how human rights law can catalyze a response to climate change to effectively avert health harms. This article suggests that human rights law is better suited to guide procedural responses to climate change and its health harms than it is to guide substantive decision-making. This article describes the ways in which climate change implicates the right to health and then analyzes human rights law's response. While acknowledging the intrinsic value of human rights in prompting climate change action, the article focuses its analysis on human rights' instrumental value in this arena.
学者们越来越认识到气候变化威胁世界各地人民人权的方式,弱势群体的权利负担尤为沉重。这些人群面临特别风险的是健康权以及相互关联的人权。然而,学者们普遍没有对人权法究竟如何能够促成应对气候变化以有效避免健康损害进行全面评估。本文认为,人权法更适合指导应对气候变化及其健康损害的程序性措施,而非指导实质性决策。本文描述了气候变化涉及健康权的方式,然后分析人权法的应对措施。在承认人权在推动气候变化行动方面的内在价值的同时,本文将分析重点放在人权在这一领域的工具性价值上。