From Doughnut Economics to Doughnut Jurisprudence: A Human Rights Perspective

Abstract

Abstract Earth system science indicates the existence of planetary boundaries. Several of these ecological limits have been transgressed, raising serious human rights concerns. Concurrently, persistent poverty and significant economic disparities continue to challenge societies and human rights law and scholarship. How to reform economies to respect planetary boundaries and at the same time address deprivation and socio-economic inequalities is the subject of a rich ‘degrowth’ literature. Surprisingly, this literature received minimal attention from human rights scholarship. Building upon Raworth’s influential concept of Doughnut Economics, this paper aims to bridge this gap by investigating whether human rights can encompass ecological limits (outer circle of the doughnut) and how these limits relate to social priorities embodied in human rights law (inner circle of the doughnut). To do so, the paper is structured along two sub-sections. The first section examines the relevance of core planetary boundaries, particularly biosphere integrity and climate change, within the context of human rights law. In the second section, the paper addresses the relationship between the inner and outer circle of doughnut economics from a human rights perspective. Drawing on critical literature, the article problematizes the ‘growth paradigm’ in human rights practice but also offers alternative readings. In this final part of the article, the author demonstrates how central doctrines of ESC rights, such as progressive realization and non-retrogression, could be interpreted in a way agnostic of economic growth.