The Human Rights-Based Approach to Climate Change: United Nations General Assembly Resolution 76/300 and Civil Society Efforts in Times of Environmental Crisis

Najiba Mustafayeva

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Chapter 14 The Human Rights-Based Approach to Climate Change

United Nations General Assembly Resolution 76/300 and Civil Society Efforts in Times of Environmental Crisis

In: The Asian Yearbook of Human Rights and Humanitarian Law

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Najiba Mustafayeva

Najiba Mustafayeva
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Type:: Chapter

Pages:: 403–420

DOI:: https://doi.org/10.1163/9789004748736_015

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Abstract

The recognition of environmental rights as fundamental human rights has marked a transformative shift in international law. United Nations General Assembly Resolution 76/300, adopted in 2022, formally establishes the right to a safe, clean, healthy, and sustainable environment as a universal human right. This paper explores the significance and implications of this resolution within the broader context of climate change and human rights. The study begins by analyzing the legal status of Resolution 76/300, emphasizing its non-binding nature while arguing for its potential evolution into customary international law. Drawing on examples such as the Universal Declaration of Human Rights, the paper highlights how “soft law” instruments can gain binding authority as the norm of customary international law. The role of civil society is central to this paper, particularly in operationalizing the right to a healthy environment. Civil society organizations, grassroots movements, and advocacy groups are examined as key actors in public reporting, the Universal Periodic Review process, and climate-related litigation. Notable cases, including Urgenda v. Netherlands and Verein KlimaSeniorinnen Schweiz v. Switzerland, illustrate how climate litigation has become an essential mechanism for holding states and corporations accountable for climate inaction and human rights violations. The paper concludes by reflecting on the growing integration of human rights and environmental governance. It emphasizes the need for robust legal frameworks that align climate policies with human rights obligations, ensuring accountability and justice for vulnerable communities disproportionately affected by the climate crisis. The strongest protection for the right to a safe, clean, healthy, and sustainable environment arises when it enjoys constitutional recognition, providing a solid legal foundation for ensuring environmental sustainability and human rights. Resolution 76/300 is positioned as a pivotal tool for achieving these goals.

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The Asian Yearbook of Human Rights and Humanitarian Law

Volume 9

Series: The Asian Yearbook of Human Rights and Humanitarian Law, Volume: 9

Cover The Asian Yearbook of Human Rights and Humanitarian Law

E-Book ISBN:: 9789004748736

Publisher:: Brill | Nijhoff

Print Publication Date:: 05 Dec 2025

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Chapter 14 The Human Rights-Based Approach to Climate Change

United Nations General Assembly Resolution 76/300 and Civil Society Efforts in Times of Environmental Crisis

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The Asian Yearbook of Human Rights and Humanitarian Law

Volume 9

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