2023-09-28 14:46:10 +00:00
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abstract: 'Since the end of the 18th century, the burning and use of hydrocarbons
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has been the main source of energy used by mankind to achieve more
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developed societies, ignoring -at first - the high cost of natural
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resources involved. The use of this type of non-renewable energy has
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caused serious imbalances in the atmosphere and, in turn, a great impact
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on all the Earth''s ecosystems, since any type of alteration in the
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atmosphere causes, as a consequence, further transformations in the rest
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of The conclusions reached by the Intergovernmental Panel on Climate
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Change (IPCC) are the results of more than 30 years of research
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dedicated to the study of the climate system and its alterations. It is
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not, therefore, a diffuse and banal reflection to be downplayed, quite
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the contrary, as it recreates the present and future scenario to which
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legal science must respond. Science, as usual, often leads the way in
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international rule-making and standard-setting processes, and has been
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decisive on climate change: there is an urgent need for a drastic
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reduction in the levels of greenhouse gas (GHG) emissions that human
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activities release into the atmosphere. Indeed, even if the Paris
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Agreement targets are met, resilience or adaptation and climate
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stability will be some of the greatest challenges facing humanity. There
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is now a clear scientific consensus on the unequivocal attribution of
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climate change to human activities. However, the impacts of climate
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variability are biased and the crosscutting issues that surround them,
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such as inequity and the vulnerability of multiple groups, such as women
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and children, are often displaced in the face of the severe damage
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already being done to the Earth''s oceans, atmosphere, ice and biosphere,
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rapidly and pervasively. The greenhouse effect is an inherently
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discriminatory phenomenon because it affects systemically, unequally and
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disproportionately not only people belonging to a certain group, but
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also constitutes an emerging, progressive and increasingly frequent and
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intense damage to societies and nations that have not reached their
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maximum levels of development, or that lack the measures or the
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technology to adapt to climate variability. The purpose of this article
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is twofold. On the one hand, it aims to identify the direct consequences
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of anthropogenic global warming on women and children, interweaving the
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scientific basis with legal science, which will allow us to
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contextualize the current state of the situation in an objective manner;
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on the other hand, it aims to define the position of the international
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community on both issues, from a critical point of view, a human
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rights-based approach, and with a special reference to the European
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jurisdictional progress, which could contribute to enhance the
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international climate cooperation. This also includes legal proposals
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based on the principles of equal treatment and opportunities between
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women and men, and intergenerational equity, the empowerment of citizens
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to receive quality environmental education, the participation and
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integration of both women and new generations in political decisions on
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issues that affect them, and their inclusion in the discussion and
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analysis of the impact of the climate emergency based on scientific
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knowledge. This research is based on the axis of different theoretical
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frameworks, and seeks both to establish connections between different
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areas of knowledge and to provide an international legal response to the
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problem of global warming for women and children through the analysis of
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international law and its implementation.
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In addition, this study is based on the principle of scientific evidence
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that underpins the work of the IPCC and, more specifically, will build
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on the efforts of Working Group II (WGII) of the Sixth Assessment Report
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(AR6) on impacts, vulnerability, and adaptation. In the international
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legal sphere, this paper aims to link two areas of international law as
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major references: international human rights law and the legal framework
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regulating climate change in the international forum. With regard to the
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structure of this article, we will find an introduction to the state of
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the question, followed by the theoretical-methodological aspects that
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are intertwined in this research: the interweaving of postcolonial
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feminist theory, scientific knowledge and legal argumentation. The
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second section of this study aims to contextualize the impacts of
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climate change on ecosystems and the most vulnerable groups, with
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references to the contributions of Working Groups I and II of the IPCC
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Sixth Assessment Report and other scientific studies that support the
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position of the vulnerability of women and children to the adverse
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effects of climate change. Within the second section, the IPCC has
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concluded that countries are already experiencing increasing impacts
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such as biodiversity loss, extreme weather events, land degradation,
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desertification and deforestation, sand and dust storms, persistent
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drought, sea level rise, coastal erosion, ocean acidification and
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mountain glacier retreat, causing severe disruption to societies,
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economies, employment, agricultural, industrial and commercial systems,
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global trade, supply chains and travel. It has also reported thata there
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has been a devastating impact on sustainable development, including
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poverty eradication and livelihoods, threatening food security and
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nutrition and water accessibility. Furthermore, a sub-section has been
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created that will detail some of the impacts of climate change
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specifically on women and children. In this sense, it is evident that
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women''s reproductive rights are affected, there is an increase in
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vector-borne diseases with discriminatory tendencies based on gender,
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the manifestation of socio-economic inequalities linked to climate
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change, marginalisation, and the lack of capacity of children to adapt
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to climate change. The third section is devoted to providing a legal
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overview of the doctrine''s position on the matter and the cases
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currently being heard in some courts where the plaintiffs are women and
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minors. This section highlights the impossibility of ignoring both the
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feminist approach and the intergenerational equity approach. It is also
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pointed out that in the elaboration of climate policies, it is not
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enough to draw up a list of insufficient and empty climate policies to
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comply with international commitments, since when it comes to demanding
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the jurisdictional protection of human rights in the context of the
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climate crisis, there are a series of complications rooted in the
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evidentiary capacity that governs any judicial procedure. The
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conclusions section contains both a synthesis of the different sections
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of this article, as well as a series of legally and socially viable
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proposals that contribute to the knowledge of climate change, its
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different impacts, policies for prevention and adaptation to the risks
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of extreme meteorological phenomena and, if necessary, keys that
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reinforce the path towards climate litigation.'
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affiliation: 'Zambrano, K (Corresponding Author), Univ Valencia, Valencia, Spain.
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Zambrano, Karla, Univ Valencia, Valencia, Spain.'
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author: Zambrano, Karla
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author-email: karla.zambrano@uv.es
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author_list:
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- family: Zambrano
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given: Karla
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da: '2023-09-28'
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doi: 10.15366/relacionesinternacionales2023.53.002
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files: []
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issn: 1699-3950
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journal: RELACIONES INTERNACIONALES-MADRID
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keywords: 'Human rights; women''s rights; climate change; feminism; children''s
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rights'
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language: English
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month: JUN-SEP
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number: '53'
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number-of-cited-references: '38'
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pages: 31-48
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papis_id: e8268ee18fd7a4006f2046ee295e3e60
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ref: Zambrano2023climatecrisis
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times-cited: '0'
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title: 'Climate crisis, women and children: between vulnerability and the urgent protection
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of their rights. Glimpses from the European continent'
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2023-10-01 08:15:07 +00:00
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type: article
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2023-09-28 14:46:10 +00:00
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unique-id: WOS:001026444500003
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usage-count-last-180-days: '3'
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usage-count-since-2013: '3'
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web-of-science-categories: International Relations
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year: '2023'
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