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Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice

Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring th...

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Autores principales: Smith-Carrier, Tracy, Manion, Kathleen
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer Netherlands 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9735170/
https://www.ncbi.nlm.nih.gov/pubmed/36540202
http://dx.doi.org/10.1007/s12142-022-00674-0
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author Smith-Carrier, Tracy
Manion, Kathleen
author_facet Smith-Carrier, Tracy
Manion, Kathleen
author_sort Smith-Carrier, Tracy
collection PubMed
description Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement of ESCR (e.g. to food, housing and water). Typically, issues of justiciability and standing emerge, impeding the realization of such rights. Given the grave threats we now face, climate cases and social movements must be brought together to better hold state actors accountable for their rights obligations. We implore the legal community to explore ways to traverse juridical obstacles to realize the interdependencies of human rights and protect the planet from calamitous climate change.
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spelling pubmed-97351702022-12-12 Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice Smith-Carrier, Tracy Manion, Kathleen Hum Rights Rev Article Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement of ESCR (e.g. to food, housing and water). Typically, issues of justiciability and standing emerge, impeding the realization of such rights. Given the grave threats we now face, climate cases and social movements must be brought together to better hold state actors accountable for their rights obligations. We implore the legal community to explore ways to traverse juridical obstacles to realize the interdependencies of human rights and protect the planet from calamitous climate change. Springer Netherlands 2022-12-03 2022 /pmc/articles/PMC9735170/ /pubmed/36540202 http://dx.doi.org/10.1007/s12142-022-00674-0 Text en © The Author(s) 2022 https://creativecommons.org/licenses/by/4.0/Open AccessThis article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) .
spellingShingle Article
Smith-Carrier, Tracy
Manion, Kathleen
Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice
title Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice
title_full Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice
title_fullStr Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice
title_full_unstemmed Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice
title_short Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice
title_sort bringing it all together: leveraging social movements and the courts to advance substantive human rights and climate justice
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9735170/
https://www.ncbi.nlm.nih.gov/pubmed/36540202
http://dx.doi.org/10.1007/s12142-022-00674-0
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