Women and Climate Change – Can International Law Sufficiently Protect Women in Developing Countries?

Abstract

Climate change drives extreme weather events, such as floods and droughts, disproportionately affecting women in developing countries. These climate-induced shocks not only exacerbate environmental hardship but also increase gender-based violence. This paper evaluates whether International Climate Change Law can offer sufficient protection for women in these contexts, and proposes potential improvements in case of inadequacy. This research employs a doctrinal legal methodology with an interdisciplinary approach, critically analyzing legal texts, academic literature, and relevant practices. It adopts insights from fields such as anthropology, gender studies, medicine, and social development, to assess the adequacy of International Laws in safeguarding women from the impacts of climate change. Key sources include reports from the Intergovernmental Panel on Climate Change, Decisions from the UNFCCC and the Paris Agreement, and Funds allocated for climate change adaptation, mitigation, and loss and damage. The analysis shows that women are often overlooked in climate change science and legal processes, leading to inadequate protection. While UNFCCC Decision 23/CP.18 includes some provisions for women, the language is vague and lacks clear measures for gender equality, participation, and funding. Implementing CEDAW within the Paris Agreement and clarifying language to explicitly address women would strengthen protections and resilience, particularly by ensuring equal participation and funding. A clarification could also be made by the term `women´s right to equal participation and funding´.