A Rights-Based Approach to Greening the Justice System

Abstract

With climate change adversely affecting individuals and communities in diverse ways, from extreme weather conditions to diminishing access to natural resources, violations of the rule of law often arise. To mitigate or address these violations, one or more justice system institutions come into play. These institutions undertake diverse greening initiatives as part of a primary function or procedural role. These initiatives, as explored and argued in this paper, should be approached from a rights-based perspective. Broadly, a rights-based approach to greening the justice system entails integrating environmental protection considerations into its functioning, operational processes and practices while respecting the rights of humans and nature. It accentuates the fact that the impacts of climate change worsen the various vulnerabilities faced by individuals and communities in society, particularly the poor, marginalised and indigenous populations. To strengthen a rights-based approach to greening the justice system, deliberate actions are essential to protect the well-being of the most vulnerable populations and natural resources while promoting inclusive solutions. These actions involve, among others, enforcing environmental laws, timeously holding violators accountable and promoting sustainable green practices. By adopting a rights perspective in greening, the justice system can help build a more resilient, dynamic and accountable society.

Keywords: Climate Change, Greening, Rights, Justice System

DOI: 10.7176/JLPG/142-01

Publication date: September 30^th 2024