The health and well-being of Arctic Indigenous peoples are under significant threat due to the rapidly changing environment caused by climate change. These communities, including the Inuit, Athabaskan, Gwich’in, and Sami peoples, face unique challenges that require a multi-faceted approach to address. Exploring how legal determinants can be utilized to protect and enhance their health outcomes is paramount in this context. Environmental changes in the Arctic region are unprecedented, with increasing temperatures, diminishing ice coverage, and heightened precipitation. Such transformations, particularly notable with the summer of 2023 being the warmest since 1900, severely threaten the traditional lifestyles and health of these populations, thereby exacerbating health inequities.
Environmental Context and Climate Change Impact
The loss of permafrost, a critical foundation for most Arctic settlements, and the reduction in sea ice, essential for travel and hunting, disrupt traditional knowledge systems and cultural identities. These disruptions not only generate profound emotional and mental distress among Indigenous peoples but also pose direct threats to their physical health, such as increased accidents and injuries due to unstable ice and extreme weather events. Climate change exacerbates food insecurity, making traditional hunting and fishing practices more challenging. The reduction in sea ice negatively affects the availability of marine mammals, which are a crucial food source for many Arctic communities. Additionally, thawing permafrost impacts the stability of infrastructure, including homes and community buildings, further endangering the health and safety of Indigenous populations.
These environmental changes have far-reaching consequences on both the physical and mental health of these communities. Weather-related accidents become more common as environmental conditions become more unpredictable and hazardous. Infectious diseases also rise, as the warming climate creates favorable conditions for pathogens previously uncommon in the Arctic. The psychological impact of these changes, termed ecological grief and eco-anxiety, describes the profound emotional distress caused by the loss of traditional ways of life and the degradation of the natural environment. The intertwining of physical and mental health issues underscores the need for a comprehensive approach to addressing these challenges, one that includes leveraging legal determinants to protect and enhance the health outcomes of Arctic Indigenous peoples.
Legal Determinants of Health (LDOH)
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) acknowledges the right of Indigenous peoples to the highest attainable standard of physical and mental health. Achieving these health standards requires leveraging legal determinants of health (LDOH), which include laws, policies, institutional practices, and governance processes that influence health outcomes. Laws can either support or harm health outcomes by shaping social determinants and establishing societal norms and regulations. Historical legal frameworks have often entrenched structural violence against Indigenous communities, such as the Sexual Sterilization Acts in Canada and the Boarding School Era in the United States. These policies have had lasting negative impacts on Indigenous health and well-being.
Conversely, well-designed laws can enhance health by creating healthy environments and supporting traditional lifestyles. Legal determinants provide a framework for understanding how laws and regulations impact health, particularly for marginalized communities. In the context of Arctic Indigenous peoples, these determinants highlight the necessity of laws that protect cultural practices, ensure access to traditional lands, and support sustainable livelihoods. Recognizing and addressing the legal determinants of health is a critical step toward achieving health equity and improving the well-being of Indigenous populations facing climate change’s ongoing and future impacts.
Human Rights Law: The Right to Property
Human rights law, particularly the right to property, is a vital legal pathway to bolster nation-state obligations in responding to climate change and protecting Indigenous livelihoods. This right ensures the enjoyment of land and marine resources, contributing to access to housing, food, water, cultural practices, and overall health and sanitation. The Inter-American Court of Human Rights has expanded the understanding of property rights to include collective rights that encompass environmental, cultural, and spiritual aspects vital to Indigenous communities. Protecting property rights is crucial for maintaining Indigenous subsistence practices and cultural identities.
Ensuring that Indigenous communities have control over their lands and resources allows them to continue their traditional ways of life, which are closely tied to their health and well-being. Legal recognition of these rights can help mitigate the impacts of climate change by supporting sustainable practices and preserving cultural heritage. By upholding the property rights of Indigenous peoples, legal systems can contribute to the resilience and sustainability of these communities, fostering environments where traditional knowledge and practices can thrive. This legal protection is not only a matter of justice but also a pragmatic approach to maintaining the health and cultural identity of Arctic Indigenous peoples.
Law of the Sea: Rights of Persons at Sea
The rights of persons at sea under the United Nations Convention on the Law of the Sea (UNCLOS) present another legal avenue. The International Tribunal on the Law of the Sea (ITLOS) acknowledges the human rights implications of maritime laws, including Indigenous peoples’ rights related to traditional fishing. Protecting these rights is crucial for maintaining Indigenous subsistence practices and cultural identities. Traditional fishing practices are not only a source of food but also a vital part of the cultural and spiritual life of many Arctic Indigenous communities. Legal protections for these practices ensure that Indigenous peoples can continue to access marine resources in a sustainable manner.
This is essential for their food security, economic stability, and cultural preservation. Ensuring the rights of Indigenous peoples at sea requires robust legal frameworks that recognize and protect traditional fishing practices, navigate the complexities of maritime law, and advocate for the sustainable management of marine resources. By safeguarding these rights, legal systems can play a pivotal role in supporting the health and well-being of Arctic Indigenous communities, ensuring they can adapt to and thrive in the changing environmental landscape.
Domestic Law: Finland’s Sámi Climate Council
The health and well-being of Arctic Indigenous peoples, such as the Inuit, Athabaskan, Gwich’in, and Sami, are increasingly threatened by the rapidly changing environment driven by climate change. These communities face unique challenges that call for a comprehensive approach to improving and safeguarding their health outcomes. The rate of environmental change in the Arctic is unprecedented, with higher temperatures, reduced ice coverage, and more frequent precipitation events. For instance, the summer of 2023 was the warmest on record since 1900, which severely impacts the traditional ways of life and health of these populations, magnifying existing health disparities.
To address these urgent issues, it is crucial to explore how legal determinants can play a role in protecting and enhancing the health of Arctic Indigenous peoples. By integrating legal frameworks that support environmental justice, access to healthcare, and protection of traditional lifestyles, we can create a more equitable and resilient future for these communities. Through collaboration and targeted policy interventions, it is possible to mitigate the adverse effects of climate change on their health and overall well-being. Recognizing and respecting the rights and knowledge of Indigenous peoples will be key in crafting effective solutions to these pressing health inequities exacerbated by a changing climate.