Moumita Mandal (TERI School of Advanced Studies) has posted Role of International Law to End Climate-Induced Sexual and Gender-Based Violence: A Critical Analysis of Recommended Solutions on SSRN. Here is the abstract:
Climate change is a threat to the existence of humans and other beings on Earth. Though all human beings are affected by climate change, women and girls suffer the most. Women are subjected to different forms of sexual and gender-based violence (SGBV) during and after natural calamities. They are exposed to SGBV due to the weak or absence of social, economic, and political security and the culture of widespread impunity to the perpetrators. To date, no specific international legal instrument deals with SGBV against women. It is found that climate change exacerbates SGBV against women and girls. The subject-specific international human rights treaty, e.g., the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), deals with the issue of SGBV under the rubric of discrimination. It reduced the effectiveness of the CEDAW against SGBV. The texts of the three international legal instruments relating to climate change (1992 UNFCCC, 1997 Kyoto Protocol, and 2015 Paris Agreement) do not address this issue. It has been given little attention only through the decisions of the Conference of the Parties of the UNFCCC. It is a new challenge for all and a global common concern. Now the question is what is the solution to this global problem? The soft and hard international laws provide a few solutions or remedies. Also, many institutions are trying to find solutions and regularly providing recommendations and suggestions. This study has discussed the causal connection between climate change and SGBV as a part of the discussion of the rise of ecofeminism; critical analysis of solutions recommended by international law and different institutions; and identified a few possible solutions that may be possible to implement partially to end climate-induced SGBV.
