Gender, Climate Change, and International Law: A Feminist Perspective on Environmental Justice

Introduction

The roots of the accelerating climate deterioration can be traced to reckless human actions aimed at the exploitation of natural resources to satisfy the infinite human hunger. However, the burden of the consequential impacts of these human actions fails to be shouldered equally by all; rather, owing to the societal structures, these repercussions are disproportionately distributed among the masses, making certain fragments of the population worse off. The climate crisis exacerbates conflicts, migration, and exclusionary political rhetoric, targeting the marginalized and vulnerable groups and genders.

An estimate by the United Nations brings forth the fact that out of all the people displaced by climate change, 80 percent are women. Women are unevenly vested with the caregiving responsibilities, own fewer material resources in contrast to their male counterparts, and further possess lower levels of literacy and access to technology, all of which is exponentially intensified by the deteriorating climatic conditions. The disaster recovery rates of women owing to the global gender poverty gap are also much slower. As per the co-editor of “All We Can Save: Truth, Courage, and Solutions for the Climate Crisis,” Katherine K. Wilkinson, “The climate crisis is not gender-neutral.” She states that “the climate crisis is born from a patriarchal system that further intersects with racism, white supremacy, and extractive capitalism, making women victims of intersectional inequalities.” "Feminist Climate Justice: A Framework for Action”, a report by UN Women highlights these obstacles and their potential solutions. It further highlights that global issues faced by the planet are intensified by the climate changes, disproportionately impacting females. The report advocates for a feminist climate justice framework that includes women’s rights in worldwide policies addressing environmental concerns.

The aim of “feminist climate justice” is the creation of a world where all individuals can have the basic human rights, without any discrimination, on a sustainable and healthy planet.

A preface to the 'Gendered Impact' of climate change

A detectable skew can be traced in the dispensation of adversities arising out of climatic events owing to the historical and contemporary societal and economic dynamics that render the already suffering fractions even more vulnerable to the climatic distress; or, in terms of a US based analysis by the Environmental Protection Agency, the repercussions are borne by ‘undeserved communities’ since they are less equipped with the resources to combat with these challenges.  This has been reiterated by the “Intergovernmental Panel on Climate Change (IPCC)”, further adding the point that communities more dependent on natural resources face the afflictions more. The impacts of the climate change are faced most acutely by certain vulnerable frontline communities that include “Black, Indigenous, and People of Color (BIPOC) populations, immigrants and refugees, individuals subsisting on low incomes”, and those enduring disproportionate pollution exposure. Further, individuals with pre-existing health conditions, pregnant ladies, those with limited English proficiency and children and elderly individuals exhibit a greater susceptibility to the adversities posed by the climate change. The distinct risks faced by the BIPOC women are elucidated by the director of “the NAACP (The National Association for the Advancement of Coloured People) Environmental and Climate Justice Program)”, Jacqueline Patterson.

Women on the Frontline: The Disproportionate Burden of Climate Change

“Selwin Hart, UN Special Adviser to the Secretary-General on Climate Action and Just Transition”, articulated to CNN, "When we look at who's affected worse, who's on the frontlines of the climate crisis, it's primarily women — women in poor and vulnerable countries." He lamented, " And unfortunately, our policies or strategies are really not geared to address this challenge."

While climate change remains a global threat, it impacts the women more than the men due to the structural inequalities. Researches unveil the fact that 70 percent of the 1.3 billion people suffering from poverty are women; they further form a large proportion of communities that are highly dependent on natural resources for livelihood. As per studies, women and children are 14 times more likely to perish in disasters compared to men.  As per Patterson, "The intersections of climate, justice, and feminism encompass the disproportionate impact of climate change across the entire climate continuum on women. Furthermore, the racial dimension introduces additional risks uniquely affecting BIPOC women, particularly Black women." Further in her essay "At the Intersections," included in “the All We Can Save collection”, she recounts her experiences as a Peace Corps volunteer in Jamaica, where she first observed the convergence of racism, misogyny, poverty, and environmental degradation.

Climate Change and Gendered Vulnerability: A Cycle of Exclusion

The burden of procuring resources for sustenance is often shouldered by women; however, these tasks are becoming arduous with the deteriorating health of the planet. Women’s rate of recovering from the climatic disasters is further very weak as they do not have access to resources, along with their less decision-making power. They face heavier workloads than men, especially in rural areas where women are vested with the tasks of household and agricultural responsibilities, that lowers down their engagement in alternative income-generating activities, participation in climate-smart adaptation training, and involvement in farmer organizations crucial for resilience-building. Globally, women undertake over “75 percent of unpaid care work, which translates to 3.2 times more than men.”

Further, the United Nations states that “during the times of climate crisis, intimate partner violence escalates, girls are withdrawn from school, early marriages become prevalent, and women and girls forced from their homes confront heightened risks of sexual exploitation and trafficking”.

Climate change also harms pregnancy and neonatal health due to the increased maternal heat exposure, increasing risks of preterm birth, low birth weight, stillbirth, and fetal anomalies, beyond income and food security effects. In the United States, certain regions are anticipated to witness up to a “60% surge in fetal heart defects by 2035 due to heat exposure”.

The Role of International Law in Addressing Climate Feminism

It is important to acknowledge the fact that women are not just victims of climate change, but they are also coming up as potential agents who possess the power to initiate procedures for mitigation for these risks. A holistic approach to mitigate requires the participation of the entire humanity. Additionally, the empowerment of women will translate into demonstrably superior climate solutions. The reasons why women should be given voice while formulating climate policies have been put forth by the UNFCCC. In order to curtail the global temperature augmentation to a mere 1.5 degrees Celsius, an objective enshrined in the Paris Agreement, the mobilization of the total human reserve is necessary. Notably, the indigenous women who possess knowledge about the nature act as protectors of the nature. Further by equipping women with appropriate technological tools and resources, a more sustainable approach to farming practices can be cultivated, ultimately contributing to environmental conservation. Women, more often than not, transfigure into the first responders in the aftermath of natural disasters, assuming leadership roles in strategies that aim to reduce the risk of disaster. They aid significantly the post-disaster recovery efforts, addressing the immediate needs of their families and strengthening the social fabric of the community. By incorporating women into the processes of community planning and disaster response, we can forge communities imbued with resilience and fortitude, better equipped to confront the challenges presented by a climate in flux.

The Gender Action Plan, formulated by governments under the auspices of the “United Nations Framework Convention on Climate Change”, advocates for the “full, equal, and meaningful participation of women in the international climate process, ensuring a prominent role for them in decision-making and climate action.”

The UN Women’s report Feminist Climate Justice: A Framework for Action advocates a feminist climate justice approach through four key pillars: Recognition of women's labor, rights, and leadership in environmental protection; Redistribution of resources from exploitative industries to sustainable initiatives that empower women; Representation of women in climate policy and decision-making; and Repair of historical injustices by ensuring wealthy nations fund climate programs for vulnerable communities. The report highlights the requirement for a holistic, gender-sensitive approach that aims to take climate actions that align with social and economic justice.

The Paris Agreement (2015) explicitly acknowledges gender equality and women’s empowerment as essential to effective climate policies, further aided by the Enhanced Lima Work Programme on Gender (2019), which commits to a climate governance that is gender sensitive. The CEDAW General Recommendation No. 37 (2018) provides for a legal framework for inserting gender perspectives into reducing disaster risk and developing climate adaptability, and trying to ensure women’s participation in climate adaptation strategies. The Escazú Agreement (2018), specifically for Latin America and the Caribbean, guarantees access to environmental justice for women, especially Indigenous and frontline women facing displacement and destruction due to climate changes. Regionally, the EU Green Deal gives a touch of gender equality to sustainable development policies, while the Maputo Protocol under the African Charter on Human and Peoples' Rights ensures women's land rights and recognizes the role they have in natural resource management. Furthermore, the Sustainable Development Goals emphasize the intersection of gender justice and climate action, reinforcing the need for inclusive environmental policies.

Conclusion

Even after these frameworks, there are significant challenges, including the non-binding nature of most agreements, gaps in gender-specific climate financing, and the underrepresentation of women in global climate negotiations. In order to solve these lacunae, stronger enforcement mechanisms are needed, mandatory gender budgeting in climate finance, and the institutionalization of gender-responsive environmental governance at national and international levels.

The blog has been authored by Vaanya Singh, a III Year B.A. LL.B. (Hons.) Student at Hidayatullah National Law University, Raipur.