Enhancing Climate Action: Exploring Human Rights Approaches in the Implementation of the Loss and Damage Fund

Abstract

Climate change is a major challenge facing humanity. The need to address it is unfortunately not matched by sufficient action. Countries either fail to reach agreements, implement policies or stick to their commitments. The recognition of climate change as a human rights issue in UN resolutions, by the Human Rights Council and the recent judgment of the European Court of Human Rights in KlimaSeniorinnen v. Switzerland opens up new possibilities to ‘help’ countries to take action and stick to their commitments. In light of this development, this paper explores how the inclusion of human rights principles into climate change action could enable more possibilities to ensure that countries stick to their commitments. Utilizing a mixed-methods approach, and focusing on the Loss and Damage Fund (LDF) as the case, the paper examines in how far human rights principles are part of the LDF make-up and in how far their further addition can ensure states stick to their commitments. Drawing from academic and gray literature, as well as the author's firsthand experience as a practitioner and observer at the 28th Conference of the Parties, the paper concludes that meaningful integration of human rights principles, including references to international human rights law, can create more avenues for states to make them liable. Consequently, this paper underscores the importance of integrating these principles into climate change actions and develops policy recommendations to advance the enjoyment of basic human rights.