Climate change exacerbates disadvantage and deepens inequality. Mitigation and adaptation measures to address climate change thus require equality-informed responses. This aligns with the goals of climate justice, which emphasise the rights of the most vulnerable, equality and fairness. Climate law and strategic litigation in pursuit of climate justice are rapidly evolving areas with a growing resort to human rights. This article argues that discrimination law should be considered, alongside other legal approaches, in shaping creative responses to the challenge of climate-related inequality. This strategic recourse to law is supported by the development of relevant discrimination law that is focused on humans within our ecological context, underpinned by an approach to equality that is transformative. The article draws on the example of access to a public swimming facility in the regional New South Wales town of Moree to consider how discrimination law might support equitable adaptation in pursuit of climate justice.
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(2023) 46(1) UNSWLJ 56: https://doi.org/10.53637/HEYP3471