Journal of World Energy Law and Business: Advancing a Hierarchy of Human Rights for Energy Justice
CIL Senior Research Fellow Dr Mohammad Hazrati, in an article published in the Journal of World Energy Law and Business, examines the critical integration of human rights into energy justice frameworks to support equitable and sustainable energy transitions. Addressing a significant gap in existing research, the article investigates the prioritisation of human rights during the global shift to low-carbon energy systems through an analysis of their prominence in energy-related case law. Using a socio-legal approach and case law methodology, the study analyses 70 judicial decisions on energy and human rights, offering both theoretical and practical insights.
Drawing on the frequency with which rights are referenced in the analysed case law, it develops a practical hierarchy of human rights relevant to the energy sector. The right to a clean, healthy, and sustainable environment emerges as the most frequently referenced, followed by the rights of Indigenous peoples, the right to private and family life, the right to life, the right to an effective remedy, the right to property, and the right to an adequate standard of living. The proposed hierarchy reflects the prominence of these rights in legal practice rather than an absolute ranking of their normative importance.
By proposing this practical hierarchy, the article provides a useful framework for policymakers, regulators, and businesses to incorporate human rights considerations into energy decision-making while balancing social, economic, and environmental objectives. The findings highlight the importance of embedding human rights throughout the energy life cycle—not merely in response to disputes or public opposition, but as a core element of policy design, regulation, and implementation. In doing so, the article advocates the development of a human rights culture within energy and climate governance, ensuring that justice, equity, and fairness remain central to the transition to sustainable energy systems.
