Bridget Lewis

Queensland University of Technology | QUT · School of Law

Environmental factors impact on the enjoyment of human rights in a number of ways. However, the exact nature of the relationship between the environment and human rights in international human rights law remains unsettled, most notably in relation to the concept of a human right to a good environment. While the idea of a substantive right to an env...

This study guide provides a contemporary and accessible foundation for the study of all key aspects of international law. It covers the fundamentals of theory and practice and highlights issues of particular relevance to Australia.

The importance of the environment to the fulfilment of human rights is widely accepted at international law. What is less well-accepted is the proposition that we, as humans, possess rights to the environment beyond what is necessary to support our basic human needs. The suggestion that a human right to a healthy environment may be emerging at inte...

While the justice implications of climate change are well understood by the international climate regime, solutions to meaningfully address climate injustice are still emerging. This article explores how a number of different theories of justice have influenced the development of international climate regime policies and measures. Such analysis is...

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’enjoyment of fundamental rights, including the right to health, the right to an adequate standa...

The United Nations Framework Convention on Climate Change (UNFCCC) was the only multilateral environmental agreement to emerge from the Earth Summit in 1992 which did not include any references to gender. Recognition of gender within the UNFCCC has been exceedingly slow and largely tokenistic with a focus on ensuring ‘gender balance’ within UNFCCC...

Human rights and environmental protection are closely intertwined, and both are critically dependent on supportive legal opportunity structures. These legal structures consist of access to the courts; 'legal stock' or the set of available standards and precedents on which to base litigation; and institutional receptiveness to potential litigation....

Climate change is accelerating gender inequality, as climate extremes amplify inequalities, vulnerabilities, negative gender norms, and sexual and gender-based violence (SGBV) rates increase during times of disaster. Yet the gendered experiences of climate change have to date been inadequately factored into climate law and policy-making, with the U...

This article focuses on the interests of older Australians during the COVID-19 pandemic. It analyses the implications of the pandemic for older Australians from a human rights perspective, recognising the need to understand ageing as a process that occurs throughout life. Although we focus on the interests of older Australians, defining what is mea...

A healthy environment is an important precondition for the enjoyment of human rights. When framed in this way, environmental protection serves human interests rather than being an end in itself. Recognition of this relationship is evident in the European Convention on Human Rights and the African Charter on Human and Peoples’ Rights, and the jurisp...

Around the world, young activists are demanding stronger action from governments to address the climate emergency and to ensure intergenerational climate justice. An emerging strategy in this fight has been the use of litigation, particularly within human rights frameworks. This article analyses two current human rights-based climate cases brought...

A human rights-based approach to elder law draws heavily on the rights that are guaranteed to all people under international and regional human rights law. While there is no dedicated treaty protecting the rights of older people in particular, numerous other human rights are useful in setting standards and articulating obligations in the various fi...

Economic, social and cultural rights are an essential component of a human rights-based approach to elder law. They help to ensure that older persons are able to enjoy full lives of their choosing and also to combat the ageist attitudes which operate as barriers to full inclusion in society.

The ability to enjoy human rights more broadly, including economic, social and cultural rights, is influenced heavily by one’s state of health. There are numerous international and regional instruments in relation to the right to health, and the literature is extensive. Notwithstanding this, there is often a poor understanding of the interdependenc...

The ability to make legally recognised decisions is fundamental to the exercise of human rights and is reflected in the core values of dignity, autonomy, participation and liberty. Respect for human rights requires that capacity be presumed absent evidence establishing incapacity. The process of capacity assessment also raises human rights issues a...

A person’s ability to access safe and affordable accommodation fundamentally influences their enjoyment of a range of rights and, ultimately, whether they enjoy a life of dignity. The right to housing is guaranteed as part of the right to an adequate standard of living. Ageing, however, may necessitate changes to housing and various accommodation a...

A framework for pursuing a human rights-based approach consists of many interrelated concepts ranging from the fundamental philosophical underpinnings through to practical principles which aid in implementation. This chapter presents the framework which has been developed for the human rights-based analysis presented in this book. It begins by outl...

Ageism is a significant barrier to older persons’ enjoyment of their human rights. Ageism is socially constructed and flows from various, usually negative, assumptions about older persons’ abilities, preferences, opinions, vulnerabilities and needs. Even where these attitudes are relatively benign, they can nevertheless result in discrimination and...

Several key themes have emerged through the analysis presented in this book and these are summarised in this concluding chapter. In doing so, this chapter highlights the key contributions the book has made to the literature on elder law, principally by exploring the content and value of a human rights framework which can be used to improve law and...

Poverty is one of the greatest threats to older people’s human rights and is common, even amongst wealthy states, despite the right to social security. Some older people are at a heightened risk of financial insecurity, depending on a number of factors including, for example, socio-economic status, location, gender, as well as cultural or linguisti...

Elder abuse is a global problem. However, notwithstanding its suspected prevalence, it remains relatively hidden, frequently occurring in the familial environment. Abuse against older persons violates a number of human rights including, for instance, the rights to security of the person; freedom from cruel, inhuman or degrading treatment; freedom o...

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in...

In December 2015, nations of the world joined together in Paris to negotiate a new legal instrument to address climate change. The debates which took place in the lead up to the adoption of the Paris Agreement reflected broader, ongoing tensions between developed and developing states within the international climate regime. They also demonstrated...

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights re...

There are many well-recognised human rights which, due to their subject matter and purpose, possess an environmental dimension. The impact of the environment on human rights can be direct, in that a polluted or damaged environment will directly impinge upon a person’s ability to enjoy their rights, or indirect, in that poor environmental conditions...

There are many variations of a human rights-based approach to climate change. In its most legalistic form, a human rights-based approach entails claims pursued through legal processes to seek accountability and compensation for human rights violations caused by the effects of climate change. While such an approach has the potential to result in mea...

Environmental rights have a vital role to play in addressing the world’s increasingly pressing environmental problems, particularly the widespread and varied impacts of climate change. Human rights-based approaches to climate change offer numerous benefits, including through drawing attention to the impacts of climate change for vulnerable individu...

The difficulties in applying existing human rights law to the complex challenges of climate change which were identified in the previous chapter might suggest that a new standalone environmental right is required to implement an effective human rights-based approach. This chapter challenges that assertion by analysing whether a new right could over...

In recent years there have been many calls for greater recognition of environmental human rights within international human rights law, and particularly for the proclamation of a human right to a good environment. As creators of international law, nation States have the power to respond to these calls through the enactment of a new treaty or modifi...

The threat of widespread, potentially catastrophic environmental changes as a consequence of anthropogenic global warming represents a challenge for the international community of a magnitude not previously encountered by modern international law and institutions. Climate change threatens not only environmental systems, but also the human communiti...

Over the last several decades there has been a noticeable increase in constitutional reform in the area of environmental human rights. Over 150 countries now include some form of environmental right or duty in their constitutions. These provisions can be understood to form a spectrum from aspirational yet legally weak provisions on one end, ranging...

One of the most compelling yet controversial areas of environmental human rights is the notion of a substantive right to an environment of a particular quality. Much has been written on the subject over the past 25 years, yet the debate as to its status, content, structure and effectiveness remains unsettled. This chapter explores in detail the ide...

The concept of a human right to an environment of a particular quality intuitively appeals to those who wish to secure greater protection for the natural world and to promote an enhanced understanding of humans’ relationship with it. Yet questions abound as to how such a right should be defined and how we can justify a good environment as something...

In recent decades we have observed an increased engagement with human rights law as a tool for activating environmental claims and pursuing environmental justice. We have reached an understanding that the relationship between environmental protection and human rights is mutually supportive, yet at the same time characterised by tensions and complex...

Symposium Foreword: Rights-Based Approaches to Climate Change - Volume 7 Issue 1 - Sam Adelman, Bridget Lewis

It is now well understood that climate change represents a threat to the enjoyment of a wide range of human rights. Given that women are vulnerable to the effects of climate change due to a range of social, economic, cultural and political factors that influence their position in society, their human rights may be especially at risk. Despite the gr...

In recognition of the intrinsic links between climate change and human rights, many have argued that human rights should play a leading role in guiding state responses to climate change. A group whose human rights will inevitably be affected by climate action (or inaction) today are the members of future generations. Yet, despite their particular v...

Submission to Australian Law Reform Commission - Response to Discussion Paper 83, Elder Abuse

Human rights-based approaches to climate change promise to address the intergenerational injustices of climate change by incorporating an enhanced consideration of the needs of future generations. Yet, a number of questions arise when one contemplates how international human rights law might accommodate the rights of persons as yet unborn. Among th...

The significant moral and normative force which comes with asserting that a particular social claim is a `human right' has led to a variety of interest groups and organisations employing human rights rhetoric in advocating for social, legal or political change. In many cases this is manifested in the declaration of new rights without their having p...

Sharks can kill, wolves and bears can maim, and bats and birds can spread disease. Human existence has a long history of such conflicts. But as our populations and activities expand, human-wildlife encounters are an increasingly common source of tension. Some species pose a risk to humans, including through the spread of disease, but may also be en...

The prospect of widespread displacement in the Pacific as a result of climate change is becoming increasingly likely and it is possible that many will eventually need to relocate to other countries. Regional migration strategies not only offer the potential to minimise the harms of relocation, while acknowledging existing relationships of friendshi...

This issue of the QUT Law Review features a collection of papers on the topic of climate displacement in the Pacific. The collection arose out of a symposium held at QUT in May 2014 and co-hosted by the Faculty of Law and Friends of the Earth. The focus of the symposium was on the potential of pre-emptive migration pathways to address the challenge...

This paper analyzes the application of rights-based approaches to disaster displacement in the Asia-Pacific region in order to assess whether the current framework is sufficient to protect the rights of internally displaced persons. It identifies that disaster-induced displacement is increasingly prevalent in the region and that economic and social...

The Oceania region is an area particularly prone to natural disasters such as cyclones, tsunamis, floods, droughts, earthquakes and volcanic eruptions. Many of the nations in the region are Small Island Developing States (SIDS), yet even within wealthy states such as Australia and New Zealand there are groups which are vulnerable to disaster. Vulne...

In recent years a growing number of states have chosen to recognise environmental issues in their national constitutions. Some have added declarations about the value of the environment, some have sought to restrict or regulate government’s ability to take action which would potentially harm the environment, while others have proclaimed that citize...

The professional development needs of early career academics (ECAs) are increasingly subject to scrutiny. The literature notes writing groups can be successful in increasing research outputs and improving research track records – a core concern for ECAs. However, the pressure on ECAs to publish takes the pleasure out of writing for many. We argue w...

The human rights implications of climate change are increasingly gaining attention, with wider international acknowledgement that climate change poses a real threat to human rights. This paper considers the impact of climate change on human rights, looking particularly at the experiences of Torres Strait Islanders in northern Australia. It argues t...

This paper will describe a research project that examines the implications of multidisciplinary student cohorts on teaching and learning within undergraduate and postgraduate units in higher education. Whist students generally specialise in one discipline, it is also common that, at some point during their degree, they will choose to undertake subj...