RELEVANT ISSUES OF INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF CLIMATE CHANGE

Abstract

The article is dedicated to the study of the relationship between human rights and climate change, as well as clarifying the peculiarities of international legal protection of human rights in the context of climate change. International documents are analyzed that directly or indirectly reflect the link between climate and human rights. Particular attention is paid to the United Nations Human Rights Council resolutions that address this issue.It is noted that it is impossible to study the problem of climate change separately from the problem of human rights protection. The principles and standards of international human rights law, as contained in the Universal Declaration of Human Rights of 1948 and the main universal international treaties, are the foundation for the governance of global climate policy. Human rights must take precedence and their violation cannot be justified by any illegal actions of states. International legal protection of human rights in the context of climate change is based on the general protection of fundamental human rights enshrined in international legal instruments.The author draws attention to the fact that international human rights treaties should cover issues related to the protection of human rights in the context of climate change. In particular, they should include environmental human rights.In the current case law of the European Court of Human Rights, environmental pollution is considered as a cause of violation of fundamental human rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. International judicial practice is based on decisions that prove that the negative impact of climate change caused by human activity can lead to violations of such fundamental human rights as the right to life, the right to respect for private and family life, etc.The article examines the judgments of the European Court of Human Rights on human rights violations due to improper implementation of climate policy by the state. The author comes to the conclusion that the activities of the European Court of Human Rights contribute to the development of international law on human rights protection in the context of climate change. Its judgments reflect new standards of state responsibility for climate change and environmental damage.It is noted that advisory opinions of the International Court of Justice are of particular importance for states, despite their non-binding nature. Their provisions are taken into account when developing international legal norms in various areas, including the fight against climate change. The advisory opinion of the International Court of Justice expected in 2025 on the international legal obligations of states to protect the climate system and other environmental components will help Ukraine determine how to bring Russia, as an aggressor state, to international responsibility for greenhouse gas emissions.