Indigenous Cultural Rights, the Green Transition, and the Right to a Healthy Environment

Abstract

Phasing out fossil fuels in favour of renewable energy is essential to mitigating human-induced climate change. However, this transition also poses challenges. One of them is that infrastructure for renewable energy production, such as wind and hydropower, can significantly impact Indigenous peoples’ cultural rights. In the Fosen case, the Supreme Court of Norway recognized that fundamental rights, such as the right to a healthy environment, in specific situations may be weighed against Indigenous cultural rights. This article examines the scope for such balancing and possible interventions, analysing relevant case law and human rights principles. It concludes that the necessity requirement within the principle of proportionality, along with protections established by UN monitoring bodies for Indigenous cultures, leaves limited room for restricting Indigenous cultural rights in favour of competing interests.