A human rights approach to energy: Realizing the rights of billions within ecological limits

Abstract

Energy is central to both the 2030 Agenda for Sustainable Development and the Paris Agreement and a prerequisite to the realization of human rights for billions of people. Yet the nexus between human rights, climate change and energy remains underdeveloped in international law and practice. This article considers the potential and limitations of a ‘human rights approach’ to energy to accelerate progress towards universal access to modern energy services while addressing climate change and inequalities. It considers three distinct elements of a human rights approach to energy: a discursive element; a mainstreaming element; and a litigation element. In exploring the potential contributions of each of these elements to a just energy transition, it demonstrates how a human rights approach to energy can help to address some of the shortcomings of the Sustainable Development Goals related to energy and climate.

Planetary Boundaries Nurturing the Grand Narrative of the Right to a Healthy Environment?

“…In 2010, the UN General Assembly recognized the right to water and sanitation as a stand-alone right and as essential to the realization of all human rights. 17 Universal access to modern energy services can also be interpreted as a prerequisite to the realization of human rights, 18 and digitalization may invite recognition of internet access as a right if it is in practice required for accessing public and private services as well as administrative processes and hence access to justice. 19 Rights concerning education (ICESCR Article 13.1) and participation in cultural life (Article 15(1)(a)) are likewise important in the just space.…”

Human rights and the cost-of-living crisis

“…These questions (and their implicit recognition that the right to energy requires careful definition if it is not to undermine other rights) cannot be ignored given the damage done by the established global energy system in relation to ecosystems, as well as the fact that it continues to pose the greatest environmental health hazards to those who have benefited the least from increased energy production. 51 The second key opportunity afforded by the cost-of-living crisis is for human rights bodies, policymakers and academics to engage meaningfully with the implications of shorter and longer-term responses to crises for the right to a safe, clean, healthy and sustainable environment. While the inter-relationship between economic and environmental sustainability was touched on in the context of work focused on the financial and economic crises, 52 the last decade has seen the environment move to the centre of global discourse, including that related to crises.…”

Human Rights Aspect in the Indonesian Energy Transition: The Challenges of Promoting the Right to a Clean, Healthy and Sustainable Environment

“…The separation negates the relevance between human rights, the environment, and energy policy. Considering energy as a sector that is not connected to human rights and the environment will further aggravate CC's impact (Wewerinke-Singh, 2022).…”

“…The state as a regulator, corporations as operators in the field, and the public as beneficiaries must be involved to determine energy transition policies that do not injure human rights (Siciliano et al, 2021). The first step that needs to be taken is to explain to corporations that the energy industry, which is an extractive industry, has a broad dimension of human rights (Wewerinke-Singh, 2022). Therefore, it is urgent to include human rights and environmental aspects in regulating the energy transition.…”