On January 30, media houses in Malta referred to a study published in the important scientific publication Nature which stated that in a worst-case scenario of a 4°C rise in temperatures, heat-related deaths in Malta could triple by the end of the century unless strong mitigation and adaptation measures against global warming were implemented.
The medical journal Lancet made similar predictions in a report that was published in 2024.
The adverse effects of climate change are most certainly taking their significant toll. Uncontrolled floods, droughts, storms and other devastating events have claimed human lives, increased human suffering and risks to people in impacted areas undermined livelihoods and reduced the vulnerable to further distress and poverty.
Climate change cannot be taken for granted. States have a primary obligation to respect, protect and fulfil the fundamental human rights of all persons under their jurisdiction or effective control.
On January 26, in the widely followed programme In Mezz’ Ora on RAI 3, conducted by respected journalist Monica Maggioni, it was reported as a scientifically proven fact that the temperature of the Mediterranean Sea has already risen by 3°C, a probable explanation why, in 2024, the outskirts of Valencia, in Spain and a vast area of Emilia Romagna, in Italy were wiped off and brought to their knees by unprecedented floods.
Climate change is a global challenge that requires quick and decisive action and remedies. Whatever some people think, particularly some prominent politicians abroad, rising temperatures caused by uncontrolled human interventions are triggering climate change with tragic effects.
The ability of some states to sign multilateral treaties and then slip out without fear of consequences is proof of the absence of global governance. If multilateral climate treaties remain a mere lip-service exercise, without clear commitments on states to do their fair share, then the matter will become a human rights issue in a short span of time.
One must acknowledge that Environment Minister Miriam Dalli should be commended for having positively and convincingly pushed forward climate action as a matter of policy. Her efforts led to the enactment in 2024 of the Climate Action Act (chapter 643 of the Laws of Malta) which received unanimous parliamentary approval. Both government and opposition MPs should be commended for placing climate action as a top priority for this country in the paramount interest of the common good.
While acknowledging fairly what is due, one cannot stop there, especially where the rights of people are in jeopardy. Even where climate change matters are concerned, the promotion of a human rights culture and their tangible protection require constant attention.
Both government and opposition MPs should be commended for placing climate action as a top priority- Joseph Zammit McKeon
Where climate problems are the order of the day, it is not acceptable that the powerful and the abusers continue to remain powerful while the down-trodden continue to be so if not even more.
Despite the fact that the United Nations Framework Convention on Climate Change speaks of “climate change as a common concern for humankind” there is barely a reference to the negative impact of climate change on persons and their rights. Although the Paris Agreement made specific reference to human rights, there was a lack of a what-next approach.
One month before COP26, the UN Human Rights Council for the first time recognised a clean, healthy and sustainable environment as a human right and created a mandate for a Special Rapporteur on the promotion and protection of human rights in the context of climate change.
A clear and welcoming direction was given by the Grand Chamber of the European Court of Human Rights in its 260-page judgment of April 9, 2024, in
re ‘Verein Klimaseniorinnen Schweiz and others vs Switzerland’ where the court found that Switzerland had failed to comply with its positive obligations under the Convention concerning climate change, with critical gaps in establishing a relevant domestic regulatory framework, including by means of a carbon budget or national CHG emissions limitations. Furthermore, the court was severely critical of the Swiss authorities’ policy failures on climate mitigation targets.
We should be all out for clear, fair and achievable plans of action rather than academic exercises. Public institutions should strive against human rights dogmatism and favour the adjustment of legal provisions to meet challenges.
As human existence itself is at stake, it is only reasonable to look at climate change from a human rights perspective.
A process of change will necessarily have to evolve. The emphasis should be laid on the positive rather than the negative obligations of the state. Lack of action on the part of states today may result in future damage.
Joseph Zammit McKeonJudge Emeritus Joseph Zammit McKeon is the Parliamentary Ombudsman.