Human rights are a collection of rights that are interconnected and organically related to each other. It is not possible to respect one right and violate others. They are all necessary for the preservation of human life and dignity and fit within a system.

What is now and more commonly referred to as the human right to sustainable energy in academic circles, has a place in the system of human rights; however, it is not recognized in this system. According to the definition, human rights are those that are recognized in the international legal system or the global system for the protection of human rights. Until they are recognized, they are merely claims. This means that neither states, as the primary guarantors of human rights, have a commitment to support, fulfill, or respect them, nor is there an enforceable guarantee for their violation. In fact, more than being a right in the legal system of human rights, it is a concept in the philosophical system of rights that must be granted to humans.

The need for sustainable energy as a human right.

In recent years, the idea of a world without energy is difficult to imagine. Energy, especially electricity, is with us from the first moments of waking up until the last moments before sleep. It is no longer just a way to light up our nights, but it is deeply connected to our work, communication, knowledge, basic household tasks, health, and even the education of our children. A day without electricity practically renders us unable to do much.

Currently, energy is vital for many human rights. Medical equipment cannot function without energy, which means the necessity of energy for the right to life and the right to health. Without life, humans cannot enjoy other rights, and without health, they cannot fully exercise their other rights. Moreover, in our time, free flow of information without energy is impossible. In fact, uncensored communication is only possible with the help of this energy, which is expanding in the world. Therefore, energy is necessary for the fulfillment of media rights. Without freedom of access to information, political and civil rights can be severely limited.

The interconnectedness of human rights leads to the violation of other rights when there is a lack of support, respect, or fulfillment of human rights. In this regard, someone who does not have access to energy in today’s world will not be able to fully enjoy their human rights. As a result, it is argued as a necessity and prerequisite for human rights whether such a right exists or not.

Energy sustainability is a necessary and sufficient condition.

Let’s assume that everyone in the world has access to sufficient and affordable energy. However, another issue arises: 84% of our energy is supplied by fossil fuels (2). Investment in alternative fuels is still minimal and is not widely available for developing or underdeveloped countries. The technology for this is mostly in the hands of northern countries. This includes solar, wind, and other forms of alternative energy. Even if we consider nuclear energy as clean energy, it still requires investment and infrastructure that is not available everywhere. In the global South, the only solution for expanding access to energy is still fossil fuels.

Burning fossil fuels is the main cause of what we know as climate change. The global access to energy through burning fossil fuels accelerates the process of global warming. We also know that the impact of climate change is greater in the south than in the north. Climate change can jeopardize water and food security (which are important components of the right to the highest possible standard of living). Droughts and water shortages resulting from it also displace many groups. Displaced populations, both internally and internationally, lose many of their human rights. We know of countries that may soon be completely submerged. Even if their population can migrate elsewhere, they will be deprived of their right to determine their own destiny for generations to come (3). On the other hand, many of their other rights, such as property, housing, work, education, and the like, will also be lost. Therefore, in order to achieve the right to energy, many people in the world must be deprived of their rights (

In the system of human rights, it is not possible to fulfill a right that results in the violation of another right. It is not permissible to torture someone in order to protect the lives of citizens. It is not acceptable to restrict someone’s freedom of movement or occupation in the fight against terrorism, except in rare and urgent cases. It is also not possible to exacerbate global warming in order to expand access to energy.

This point is where the discussion about human rights on sustainable energy arises. The right to energy is a necessary condition for fulfilling other human rights; however, it is not sufficient. Sustainability of energy is what can guarantee access to energy for all, while also respecting and fulfilling other human rights. In this general context, reaching a theoretical conclusion is not very difficult, but there is a long way ahead from “claiming the right to sustainable energy” to “the human right to sustainable energy.”

Global Human Rights and the Right to Sustainable Energy System.

Human rights are recognized through the entry into the mechanisms of the global system of support for human rights. In fact, human rights can be considered a mental claim until it is realized in this tangible system. It is there that we can talk about its guarantee by national, regional, and global mechanisms and understand its boundaries and scope.

The concept of human rights for the first and second generations emerged in the post-World War II era. The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948. From that year until 1976, when two covenants were adopted, many efforts were made. The division of human rights into two generations was also a result of the bipolar world of the Cold War. The first generation, which includes civil and political rights, liberal rights, was emphasized more by the West, and the second generation, which includes economic, social and cultural rights, social rights, was emphasized more by the Eastern bloc. Later, with the increase in the number of countries and consequently, the increasing power of the Third World, the concept of the third generation, which includes rights such as the right to development, the right to the environment, the right to peace, and other similar rights, emerged.

But there was a major obstacle to these rights. On one hand, there was no powerful bloc supporting these rights and the southern countries were very fragmented. On the other hand, industrialized countries, mostly in the north, hindered the recognition of these rights. The right to development disrupted the economic and political advantages of northern societies and imposed obligations on them to bring other countries to a certain level of development. For example, by considering access to scientific and industrial information as an important part of development, northern countries have/had the advantage of intellectual property rights and are not willing to share this major advantage with other societies. This is why the right to development remains only in academic literature.

The right to the environment is also different. Environmental destruction is a consequence of industrialization in the world, in which northern countries have a greater share. Most greenhouse gases are emitted in the north, and a significant portion of the greenhouse gases emitted in the south are also due to the production of products that are intended for use in the north. Self-consumption as an environmental pollutant occurs more in the north than in the south. This is the direction of the United States in climate agreements. To reduce destruction, consumption must be reduced, and reduced consumption means reduced prosperity. Taxation on polluting industries in the north means an increase in production costs and, consequently, a decrease in the competitiveness of the northern economy against emerging economies.

In the field of sustainable energies, the subject is not far from this. If the northern world recognizes the human right to sustainable energy, it has also recognized the facilitation of southern access to clean energy technologies. There is still a heavy reliance on fossil fuels in northern countries and the road to achieving energy sustainability is long; even more so for the south. In such a world, it is unrealistic to expect the north to invest in the south and bring its technology at a low cost, so that the third world can have sustainable energy.

I should also add that one of the features of the third generation, which can also provide the right to sustainable energy, is that it belongs to all of humanity. The lack of democracy or social security in one country does not prevent the achievement of democracy or social security in another country. However, in the third generation, environmental destruction knows no borders. We cannot confine greenhouse gases or ocean pollution within national borders. Either all of us humans have a sustainable environment, or none of us will benefit from it. Energy sustainability in the North does not help much if there is no energy sustainability in the South.

It seems that in this matter, namely “the right to access sustainable energy”, the problem is the same as always; that is, the dominance of capitalist logic over the logic of life. The global human rights system is subject to governments. Governments also think about their own national economy. Each government is concerned with its own economic system, economic interests, and citizens. As a result, the “claim of the right to sustainable energy” remains in the realm of the decisions of governments, the global human rights system, the global order, and international relations, and will not find its way towards “the right to access sustainable energy”.

Footnotes.

1. What is the point, Lark, is there a global human rights for electricity?

International Journal of Human Rights.

, Issue 24, Volume 6, Spring 2020, pages 711-723.

2. Repair, Robert, fossil fuels still provide 84% of the world’s energy – and other lessons learned after conducting investigations.

Forbes.

June 20, 2020.

3. In recent years, this issue has been well addressed. For more information, refer to: .

United Nations Human Rights website.

UNHCR stands for United Nations High Commissioner for Refugees.

4. Regarding the relationship between climate change and human rights, see translations of the author of these sentences: Climate Change and Human Rights, Scientific and Cultural Publications, Tehran, 1399.