Abstract
The phenomenon of climate change coincides with the global ageing of the population, leading to the overlap of two parallel crises – climate and demographic – which mutually reinforce social inequality, discrimination and exclusion. Older people, especially women, persons with disabilities and members of other systematically marginalised groups are disproportionately exposed to the adverse effects of climate change. Despite their particular vulnerability to human rights violations, older people – unlike other vulnerable groups – have not yet been covered by a binding international legal instrument of a universal nature, equipped with an effective mechanism for monitoring and enforcing state obligations.
This article assumes that, despite the absence of a global convention, international law in its current form, both treaty-based and soft law, imposes specific obligations on states to protect older persons from the effects of the climate crisis. The current case law of international courts and human rights monitoring mechanisms play a key role in clarifying the scope and nature of these obligations. An analysis of this case law suggests that states are obligated to identify intersectional risks and take effective measures to ensure that older persons can fully and equally enjoy their human rights in the face of the intensifying, dangerous effects of climate change.