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Article

Human Rights and the Paris Agreement: A Two-Way Street

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Citation

Savaresi A & Heri C (2026) Human Rights and the Paris Agreement: A Two-Way Street. Climate Law. https://doi.org/10.2139/ssrn.6026654

Abstract
This article examines the evolving relationship between the Paris Agreement and human rights law, focusing on the reciprocal interaction between the two regimes. It argues that human rights norms increasingly inform the interpretation and implementation of the climate regime, while the Paris Agreement functions as an interpretive, evidentiary and accountability framework within human rights law and practice. The article analyses how human rights considerations have been incorporated into the Paris Agreement through its preamble, operational provisions and subsequent treaty bodies practice, particularly in areas concerning participation, transparency, safeguards and just transition. It further examines how courts and other human rights oversight mechanisms have relied on the Paris Agreement's temperature goals, governance structures, reporting mechanisms and mitigation pathways when assessing states' climate-related obligations. Drawing on text analysis and institutional and judicial practice, the article assesses the interaction between the climate and human rights regimes. It argues that cross-fertilisation between the two regimes remains partial, selective and contested, reflecting continuing tensions concerning accountability, institutional competence, state sovereignty and the limits of adjudication. The article concludes that the relationship between the Paris Agreement and human rights law is best understood as an evolving process of reciprocal interpretive and institutional reinforcement.

Keywords
Paris Agreement; Human rights; Climate Change Litigation; Climate governance

StatusEarly Online
Publication date online31/01/2026
Date accepted by journal05/12/2025
ISSN1878-6553
eISSN1878-6561

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