기후변화에 대한 인권적 접근 -유엔인권메커니즘과 유엔기후변화협약체제를 중심으로-

Climate change is both an environmental issues and a human rights issues. Climate change is not simply an environmental problems, but is closely linked to human rights. Climate change is an environmental issues that negatively impacts the environment in many parts of the world, and at the same time, it is a human rights issues that negatively affect the full enjoyment of various human rights. Climate change impedes the full enjoyment of a wide range of rights. Human rights violations caused by climate change trigger human rights obligations under international law (particularly international human rights law and international environmental law). States (i.e., duty-bearers) have a positive obligation to take effective measures to prevent and remedy climate damage, mitigate climate change, and ensure that all people (i.e., rights holders) have the capacity to adapt to the climate crisis. In accordance with the obligation to respect, protect, and realize human rights, States have an obligation to strengthen their climate change mitigation commitments to prevent the negative impacts of climate change. States must also establish legal and institutional mechanisms to protect human rights from climate damage that impedes the enjoyment of human rights. In particular, there is a human rights obligation to ensure that people in vulnerable situations have access to a pleasant and healthy environment for a life of human dignity and effective remedies and adaptation measures for such damage. States have an obligation to take measures to reduce anthropogenic greenhouse gas emissions (mitigation measures) and to adapt to the negative consequences of climate change (adaptation measures). Therefore, when establishing and implementing laws or policies for mitigation and adaptation to climate change, the principles and standards established by international human rights law must be applied. In this regard, the human rights approach to climate change is essential to resolving human rights issues caused by climate change. The purpose of this article is to raise awareness of how a human rights approach to climate change can lead to better outcomes for both people and the international community. To this end, I will first examine the fact that the damage caused by climate change has a greater impact on socially and economically vulnerable groups from the perspective of climate justice, and consider the state’s obligations to prevent human rights violations caused by climate change. In addition, based on the recognition that a human rights approach to climate change is essential for protecting human rights from the adverse effects of climate change, I will analyze how ‘human rights and climate change’ are discussed and developed in connection in the UN human rights mechanisms and the UN Framework Convention on Climate Change. Ultimately, this paper aims to explore the legal foundations necessary for discussions on the relationship between climate change and human rights and to seek ways to respond to climate change through a human rights approach.