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142 J.L. Pol'y & Globalization 1 (2024)

handle is hein.journals/jawpglob142 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwiiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) P-. Vol.142, 2024 ISTE A Rights-Based Approach to Greening the Justice System Jack Mwimali *1, Moses Marang'a 2, Edgar Ayongah 3, Irene Ndirangu 4, & Martha Bowen 5 1 Professor of Law, JKUAT & CEO/Auditor, National Council for Law Reporting 2 Executive Director, National Council on the Administration of Justice 3 Programs Officer, National Council on the Administration of Justice 4 Programs Officer, National Council on the Administration of Justice 5 Legal Assistant, National Council for Law Reporting * E-mail of the corresponding author: jmwimali@kenyalaw.org Abstract With climate change adversely affecting individuals and communities in diverse ways, from extreme weather conditions to diminishing access to natural resources, violations of the rule of law often arise. To mitigate or address these violations, one or more justice system institutions come into play. These institutions undertake diverse greening initiatives as part of a primary function or procedural role. These initiatives, as explored and argued in this paper, should be approached from a rights-based perspective. Broadly, a rights-based approach to greening the justice system entails integrating environmental protection considerations into its functioning, operational processes and practices while respecting the rights of humans and nature. It accentuates the fact that the impacts of climate change worsen the various vulnerabilities faced by individuals and communities in society, particularly the poor, marginalised and indigenous populations. To strengthen a rights-based approach to greening the justice system, deliberate actions are essential to protect the well-being of the most vulnerable populations and natural resources while promoting inclusive solutions. These actions involve, among others, enforcing environmental laws, timeously holding violators accountable and promoting sustainable green practices. By adopting a rights perspective in greening, the justice system can help build a more resilient, dynamic and accountable society. Keywords: Climate Change, Greening, Rights, Justice System DOI: 10.7176/JLPG/142-01 Publication date: September 30th 2024 BACKGROUND The justice system, comprising state and non-state institutions or agencies, with a mandate of resolving conflicts and handling one or several aspects of the administration of justice, plays a critical role in maintaining the rule of law and the delivery of justice. In recent times, the justice system has been adopting greening while maintaining the rule of law and delivering justice. As noted by Aleknevioiene & Bendoraityte (2022), greening aids in reducing greenhouse gas emissions and reinforces efforts to address the adverse impacts of climate change. Within the justice sector, greening the system involves integrating environmentally friendly practices into day- to-day functions and operations. Further, it entails addressing criminal and social justice issues while protecting and conserving the environment (White & Graham, 2015). Given the involvement of many justice sector institutions in maintaining the rule of law and delivery of justice, a systems approach to service delivery suffices. An integral aspect of a systems approach to service delivery is guaranteeing the respect and enforcement of human rights in all justice sector institutions and at every stage of the administration of justice. Knox and Morgera (2022) expound on the presence of an autonomous right to a healthy environment, which includes procedural access rights in environmental treaties and the application of the rights to life in human rights conventions. It has also been rightly observed that promoting the enjoyment of human rights helps to advance climate mitigation and adaptation. For instance, UNFPA & Queen Mary University of London (2023) advocates for integrating rights-based approaches into national climate commitments. Human rights exist as part of the larger ecosystem. In the broad paradigm of environmental sustainability, therefore, it is paramount to note that observance of human and other rights is embedded within the broad justice system operations. Indeed, with the emergence of climate change and environmental sustainability, there has been a clamour to include human rights dimensions in ecological issues. The right to a clean environment, the right to a peaceful environment, the right to access environmental information, the right to participate in environmental decision-making, and the right to access justice in environmental matters are among the most prominent components of green environmental human 1

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