NNHRR Working Group Makes Policy Submission on the National Climate Adaptation Strategy

The NNHRR Working Group on Human Rights and the Climate Crisis was established in 2023 to connect academics studying the multifaceted ways in which climate change affects human rights. It welcomes different interdisciplinary perspectives on the study of human rights from its members, in order to examine the climate crisis as a cross-cutting issue affecting multiple dimensions of human rights research, practice, and teaching.

In July 2026, the working group submitted policy advice on the National Climate Adaptation Strategy 2026 (NAS’26) to the Dutch Ministry of Infrastructure and Management. The advice was authored by Samuel Ballin (Radboud Universiteit), Julie Fraser (Universiteit Utrecht), Anneloes Kuiper-Slendebroek (Universiteit Utrecht), Phoebe Muir (Rijksuniversiteit Groningen), David Patterson (Rijksuniversiteit Groningen), and Patricio Trincado Vera (Rijksuniversiteit Groningen).

Summary

Human rights law sets out the minimum standards for States to comply with in order to realise rights and ensure human dignity. As a State party to all treaties addressed above, the Dutch Government and  all its legislative and executive bodies are obliged to comply with these international human rights  standards. However, as a wealthy country with significant expertise and capacity, as well as significant  vulnerability to climate change, we encourage the Dutch Government to also go beyond these standards in order to deliver the best possible adaptation strategy. By expressing the value and concrete effects of  different human rights obligations, NAS’26 can be modeling a human rights-based approach to climate change for other States to follow.

Based on various international legal bodies implementing climate change obligations for States (i.e.  European Court of Human Rights, International Court of Justice) the regulatory framework for climate policy requires international climate agreements and human rights obligations to be translated into national legislation. Therefore, when drafting climate policy, the Dutch government must take into account the international and national developments in the field of human rights, environmental law and climate law, as well as the close link between environmental protection and human rights as part of the (international) legal context.

NAS’26 outlines pathway maps to monitor varying rates of climate change and thus aims to give concrete shape to these choices. However, it functions largely separate from the strict, legally binding emission-reduction targets of the Dutch Climate Act (Klimaatwet). We stress that under the human rights framework, adaptation measures cannot be taken in isolation from mitigation measures. Consequently, NAS’26 must be fully integrated with the State’s mitigation framework, prioritizing synergetic policies that simultaneously reduce vulnerability and lower emissions.

In expressing the human rights obligations under international legal frameworks in NAS’26, the government should provide local authorities with the funds, means and methods to implement their (international) obligations to give effect to the national climate adaptation strategy. The government should also provide for a legal mechanism that allows NGOs, individuals or vulnerable groups to hold public authorities legally accountable if (local) adaptation measures fail to meet the ‘effective protection’ standard. The State should also take precautions via adaptation measures to ensure that they do not violate the civil and political rights of people both in the European and Caribbean parts. This would also indicate the procedural obligation to protect the rights of minorities to ‘effective participation’ when deciding upon their living conditions and livelihood, especially in the Caribbean parts of the Kingdom.

Based on international human rights and climate obligations for States, the Working Group draws special attention to the rights for minorities, the right to health, the rights of women and children, and the protection of (other) vulnerable groups. For each of these minorities and vulnerable groups, the Group stresses that they should be well represented in all climate decision-making bodies and consultation groups, since representation of their interests is vital to their protection in the NAS’26 climate change strategy. While experiencing biological differences, women and girls also face significant climate risks and burdens due to long-standing social inequalities. Under international law, women have the right to equality with men and to participate in political and public life and decision-making at both the national and international level. Participation is a particularly pertinent issue for children, as they are already excluded from formal political participation through local and national elections.

The human right-based approach emphasises the participation of communities in climate action, including in designing and implementing adaptive responses to climate change. Climate change mitigation, alongside adaptation, is essential to longer term human health and survival in the Netherlands. In this, social infrastructure and health safeguards require a top-down infrastructure that has to take effect on the local level. Social resilience is key, and is grounded in social networks, also referred to as social capital. However, NAS’26 fails to acknowledge that in many contexts faith-based, spiritual, and religious communities are among the strongest and most resilient pillars of social infrastructure during crises. By including resilience and acknowledging the spiritual dimensions of community coping mechanisms, NAS’26 can tap into a potentially cost-effective, culturally competent avenue for climate-related adaptation.

Recommendations of the NNHRR Working Group on Human Rights and the Climate Crisis

1. Integrate the adaptation strategy with the State’s mitigation framework.
2. Ensure the legal status of NAS’26, accompanied by a legal mechanism that allows for private parties to hold public authorities legally accountable if (legal) adaptation measures fail to meet the ‘effective protection’ standard.
3. Provide municipalities and local authorities with a financial fund to implement the international climate obligations of the Kingdom of the Netherlands.
4. Ensure equal representation of men and women in all bodies relating to climate change, especially decision making bodies.
5. Facilitate and ensure meaningful consultation on the NAS’26 with women, children, indigenous people, those with disabilities, those without housing, racialised groups, elderly etc.
6. Identify and support civil society organizations, including faith, community and sports groups, including in marginalized and migrant communities, to facilitate community responses to both climate change adaptation and mitigation.
7. Significantly increase consultation and participation of most affected groups, including people living in the Caribbean Netherlands and children.
8. Set aside funding in connection with the NAS'26 to enable ongoing research into the impacts of climate change especially upon vulnerable groups including women and girls
9. Significantly increase financing to build climate-resilient health systems that address the needs of women and girls and other vulnerable groups