Abstract
This chapter discusses whether and how women face challenges in accessing climate justice by clarifying the linkages between environmental changes and human rights to assess the current evolution in the Sustainable Development Agenda (notably SDG5: achieve gender equality and empower all women and girls by 2030). In 2022, the 66th session of the UN Commission on the Status of Women (CSW) addressed as a priority topic “gender equality and the empowerment of all women and girls in the context of climate change, environmental and disaster risk reduction policies and programmes”. Women and girls, along with other vulnerable groups, such as indigenous peoples, and local communities, are the ones who “are the most affected by land and resource tenure insecurity and environmental degradation”, and they “disproportionately suffer the effects of biodiversity loss”. Despite achievements towards gender equality, women and girls are disproportionately affected by climate change and environmental degradation; this risk is not related to their biological sex, but rather to gender inequalities and gender norms that are rooted in societies. This chapter aims to demonstrate that it is not only exposure to certain hazards, disasters, pollutants and climate change but also the economic and social situation of women that reduces their ability to recover—from both major disasters caused by chronic emergencies and the chronic emergencies themselves—and perpetuates their marginalization and exclusion by limiting their access to climate justice. Due to the structural inequalities they face, women are hugely impacted by the climate crisis and environmental destruction. While the gender equality gaps in education, political and economic participation, and health are priorities of concern at the global level, climate change may increase violence against women and, more generally, slow violence. Against such a backdrop, the chapter aims to highlight how women can contribute significantly to cocreating resilience and adaptation strategies and solutions, given their understanding of the environment and their role as custodians of ancestral and traditional knowledge. This chapter elaborates on the future of women’s human rights from theoretical and empirical perspectives, shedding light on how to engender climate justice and access to justice, and embrace feminist concerns on matters of exploitation and domination of the environment in parallel to the domination and subordination of women by men in society.
Sections 2 and 2.1 have been written by Sara De Vido; sections 3, 3.1 and 3.2 are by Elisa Fornalé. The introduction and conclusion are the outcome of a common reflection.
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Notes
- 1.
Savaresi (2019); Savaresi and Setzer (2022). In January 2022, the climate litigation databases developed by the Sabin Centre for Climate Change Law at Columbia Law School (http://climatecasechart.com) and the Grantham Research Institute on Climate Change and the Environment at the London School of Economics (https://climate-laws.org/) listed 90 climate change cases against states that relied on human rights-related arguments.
- 2.
Wewerinke-Singh and Antoniadis (2022). See also Knox (2009).
- 3.
Rodriguez-Garavito (2019).
- 4.
Lyster (2016).
- 5.
- 6.
MacGregor (2010, pp. 223–224).
- 7.
As highlighted by the 2022 report of the United Nations’ Intergovernmental Panel on Climate Change (IPCC) and the 2022 agreed conclusions of the Commission on Women, the climate breakdown risks disproportionally affecting the rights of women and girls and it is becoming increasingly central to identify the obstacles that could prevent their access to justice in this regard (IPCCC. 2022. Climate Change 2022: Impacts, Adaptation and Vulnerability. IPCC Sixth Assessment Report. https://www.ipcc.ch/report/ar6/wg2. Accessed 30 October 2022; Commission on the Status of Women. 2022. Agreed Conclusion. E/CN.6/2022/L.7).
- 8.
- 9.
Francioni (2007, p. 68); See also CEDAW. 2019. Guidelines on CEDAW General Recommendation No. 38 on Trafficking in Women and Girls in the Context of Global Migration (CEDAW/C/G38).
- 10.
Francioni (2007, p. 69).
- 11.
European Court of Human Rights, Golder v. the United Kingdom, Application No. 4451/70, judgement of 21 February 1975.
- 12.
Ibid., paras. 35 and 36.
- 13.
Cançado (2011, p. 64).
- 14.
Cançado (2011, p. 17).
- 15.
- 16.
Committee on the Elimination of Discrimination against Women (CEDAW). 2015. General Recommendation on Women’s Access to Justice. CEDAW/C/GC/33, para. 13; See also CEDAW. 2019. Guidelines on CEDAW General Recommendation No. 38 on Trafficking in Women and Girls in the Context of Global Migration (CEDAW/C/G38).
- 17.
Ibid., para. 8.
- 18.
CEDAW. 2010. General Recommendation on the Core Obligations of States Parties under Article 2. CEDAW/C/GC/28, para. 34.
- 19.
Cook and Cusack (2010).
- 20.
Cusack, Simone. 2014. Eliminating Judicial Stereotyping: Equal Access to Justice for Women in Gender-Based Violence Cases. Commissioned by the UN Office of the High Commissioner for Human Rights. https://www.ohchr.org/Documents/Issues/Women/WRGS/StudyGenderStereotyping.doc. Accessed 30 October 2022.
- 21.
- 22.
Cusack (2014, p. ii).
- 23.
Karen Tayag Vertido v. The Philippines, CEDAW/C/46/D/18/2008, 22 September 2010.
- 24.
A.F. v. Italy, CEDAW/C/82/D/148/2019, 18 July 2022.
- 25.
Ibid. “Under article 5 (a) of the Convention, States parties have an obligation to expose and remove the underlying social and cultural barriers, including gender stereotypes, that prevent women from exercising and claiming their rights and impede their access to effective remedies” (para. 7.5).
- 26.
European Court of Human Rights, J.L. v. Italy, Application No. 5671/16, judgement of 27 May 2021.
- 27.
For a critical analysis of the case, see Ilieva (2021), who stresses, for example, that the Court ignored the authorities’ failure to offer J.L. any support—they offered her no psychological counselling, practical assistance or social intervention.
- 28.
Maguire (2019); Celorio (2022); General Assembly (GA). 2019. Analytical Study on Gender-Responsive Climate Action for the Full and Effective Enjoyment of the Rights of Women. A/HRC/C/41/26.
- 29.
- 30.
Nixon (2011).
- 31.
Jones and Otto (2019).
- 32.
De Vido (2021).
- 33.
Nixon (2011).
- 34.
As illustrated by Nixon “slow violence” means “a violence that occurs gradually and out of sight, a violence of delayed destruction that is dispersed across time and space, an attritional violence that is typically not viewed as violence at all” (Nixon 2011, p. 2).
- 35.
UN Secretary General (UNSG). 2022. The Impacts of Climate Change on the Human Rights of People in Vulnerable Situations. A/HRC/50/57, para. 32.
- 36.
Grahn-Farley (2022).
- 37.
The CEDAW Committee adopted a statement on gender and climate change in 2009 to highlight that “all stakeholders should ensure that climate change and disaster risk reduction measures are gender responsive, sensitive to indigenous knowledge systems and respect human rights. Women’s right to participate at all levels of decision-making must be guaranteed in climate change policies and programmes”, CEDAW, 44th Session, August 2009, “Statement of the CEDAW Committee on Disaster Risk Reduction, Gender and Climate Change” (Borras-Pentinat 2022, p. 113; Simm 2019).
- 38.
CEDAW. 2018. General Recommendation No 37 on Gender Related Dimensions of Disaster Risk Reduction in a Changing Climate. UN Doc CEDAW/C/GC/37, para. 37.
- 39.
De Vido (forthcoming 2023).
- 40.
Commission on the Status of Women. 2022. Agreed Conclusion. E/CN.6/2022/L.7.
- 41.
A.F. v. Italy, CEDAW/C/82/D/148/2019, 18 July 2022.
- 42.
Celorio (2020).
- 43.
CEDAW, Concluding Observations, Maldives, 23 November 2021; CEDAW, Concluding Observations, Suriname, CEDAW/C/SUR/CO/4-6, 14 March 2018; CEDAW, Concluding Observations, New Zealand, UN Doc CEDAW/C/NZL/CO/8, 25 July 2018.
- 44.
UN Doc CEDAW/C/CPV/CO/9, 30 July 2019, para. 36.
- 45.
UN Doc CEDAW/C/FJI/CO/5, para. 54.
- 46.
UN Doc CEDAW/C/KHM/CO/6, 12 November 2019.
- 47.
UN Doc CEDAW/C/MGL/CO/10, 12 July 2022.
- 48.
“(b) Rural women’s and girls’ limited access to justice, support services for victims of gender-based violence against women, education, information and communications technology and health care”, UN Doc CEDAW/C/BOL/CO/7, 12 July 2022.
- 49.
The recordings of the CSW66 official meetings are available at https://www.unwomen.org/en/csw/csw66-2022/official-meetings. Accessed 30 October 2022.
- 50.
Jenny Yi-Chen Han, Camille Pross, Rashi Agarwal, and Andreea Raluca Torre. 2022. State of Gender Equality and Climate Change in ASEAN. https://asiapacific.unwomen.org/en/digital-library/publications/2022/08/state-of-gender-equality-and-climate-change-in-asean. Accessed 30 October 2022.
- 51.
ASEAN Declaration on the Gender-Responsive Implementation of the ASEAN Community Vision 2025 and Sustainable Development Goals. 2017. https://asean.org/asean-declaration-on-the-gender-responsive-implementation-of-the-asean-community-vision-2025-and-sustainable-development-goals. Accessed 30 October 2022.
- 52.
National Council for Women (NCW). 2018. National Strategy for the Empowerment of Egyptian Women 2030. Vision and Pillars. http://ncw.gov.eg/wp-content/uploads/2018/02/final-version-national-strategy-for-the-empowerment-of-egyptian-women-2030.pdf. Accessed 30 October 2022.
- 53.
White House. 2021. National Strategy on Gender Equity and Equality. https://www.whitehouse.gov/wp-content/uploads/2021/10/National-Strategy-on-Gender-Equity-and-Equality.pdf. Accessed 30 October 2022.
- 54.
UNSG. 2022. The Impacts of Climate Change on the Human Rights of People in Vulnerable Situations. A/HRC/50/57, para. 32.
- 55.
The case Verein KlimaSeniorinnen Schweiz and others v. Switzerland (application no. 53600/20) has been allocated to the jurisdiction of the Grand Chamber of the European Court of Human Rights on Friday, 29th April 2022.
- 56.
- 57.
Special Rapporteur on violence against women, its causes and consequences. 2022. Violence against indigenous women and girls. A/HRC/50/26.
- 58.
See the most well-known case of this sort, that of Berata Caceres, a global environmental activist who was assassinated in 2016. She played a key role in denouncing the lack of consent and free consultation for the construction of the dam in Honduras. (UNSG 2022, p. 19; Special Rapporteur on violence against women, its causes and consequences. 2022. Violence against indigenous women and girls. A/HRC/50/26, para. 51).
- 59.
UN. 2020. Final Warning: Death Threats and Killings of Human Rights Defenders. Report of the Special Rapporteur on the situation of human rights defenders, Mary Lawlor. A/HRC/46/35, GA. 2019. Analytical Study on Gender-Responsive Climate Action for the Full and Effective Enjoyment of the Rights of Women. A/HRC/C/41/26, para. 25.
- 60.
Simm (2019, p. 150).
- 61.
Simm (2019, p. 150).
- 62.
Moreno-Lax (2021, p. 43).
- 63.
Commission on the Status of Women. 2022. Agreed Conclusion. E/CN.6/2022/L.7.
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De Vido, S., Fornalé, E. (2023). Achievements and Hurdles Towards Women’s Access to Climate Justice. In: Fornalé, E., Cristani, F. (eds) Women’s Empowerment and Its Limits. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-29332-0_3
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