Zakal O. Protection of climate human rights: issues of theory and practice

Іt was found that the formation of human climate rights and their legal institutionalization is a natural legal process, which takes place at the international legal and national legal levels, and which constitutes one of the important trends of the modern human rights discourse. Climate rights are proposed to be understood as a type (subgroup) of the system of human environmental rights, which are objectively distinguished in connection with the transformation of climate change into a separate factor in the development of mankind. It has been proven that the actual process of objectifying climate rights at the level of international law and national legislation is at an initial stage. Іt is substantiated that basic human climate rights can be differentiated into material, procedural rights and rights belonging to vulnerable categories of people. It was found that the institutionalization of climate human rights initially takes place at the level of the international legal contractual framework. The constitutional level of enshrining human climate rights has been studied. Іt was found that the inclusion of climate rights in the texts of national constitutions corresponds to the paradigm of expanding the scope of constitutional regulation of environmental human rights. It is shown that the realization of human climate rights requires not only the constitutional recognition of these rights, but also their clear legislative consolidation. Based on the analysis of the content of the European climate legislation, the following climate rights of EU citizens are distinguished: 1) the right to a climateneutral society; 2) the right to predictability and confidence for all economic entities, including enterprises, employees, investors and consumers, in the implementation of measures aimed at averting and/or overcoming the negative consequences of climate change; 3) the right to a gradual reduction of greenhouse gas emissions; 4) the right to information about climate change; 5) the adaptive "triad" of rights (the right to adapt to climate change, the right to increase resilience to climate change, the right to reduce vulnerability to climate change); 6) the right to ensure fair conditions for adaptation to climate policy; 7) the right to public participation in the formation of climate policy. The content and specifics of the right to a safe environment, the right to information about climate change and its consequences, the right to participate in the formation and implementation of climate policy, the right to balanced climate development and the right to prevent anthropogenic emissions of greenhouse gases are analyzed in detail. Their interrelationships and interdependence, features of legal institutionalization in positive law and specifics of implementation are shown.