The protection of the climate system in the African system of human rights - legal grounds in climate litigation

The African human rights system stands out for being innovative in setting out a standalone human right to a general satisfactory environment (African Charter on Human and Peoples’ Rights [ACHPR], Article 24) as held by peoples and individuals. The case law on this provision is short, but cases from the African Court and Commission and the ECOWAS Court of Justice suggest that regional human rights bodies in Africa are inclined to look to environmental protection as the result of the concurrent application of multiple human rights, including mainstream rights such as the rights to life or health. Although at the time of writing there is no dispute or advisory opinion issued before these bodies related to climate change, this chapter assesses that case law and explores what legal arguments can be used in order to clarify States’ obligations under the ACHPR to mitigate and adapt to climate change. To that end, this chapter also takes into account other sources of human rights obligations in the African system, as well as other instruments that can assist in the clarification of the ACHPR.