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1. Poverty and Climate Change

Key Questions
  • What is access to justice?
  • How does climate change affect access to justice?

We have known for decades that climate change excessively affects people living in poverty and those marginalised.[1] This is clear whenever a climate-fuelled disaster strikes, like a bushfire or a flood. These disasters exacerbate social inequities and create a range of ‘everyday’ legal problems such as tenancy, insurance, employment and discrimination law. People living in poverty or who are marginalised in Australia are disproportionately impacted by climate change due to inadequate income, poor housing and limited access to necessary social supports and health services. Poverty is not their fault; it is due to the way in which our social structures and systems have created the circumstances for poverty and social exclusion to thrive. Poverty is a structural issue that requires systemic solutions, and lawyers can use their legal skills to increase equity and access to justice across our society.

Access to justice is a multidimensional concept.[2] It focuses on the law’s unequal relationship with different cohorts of society. Access to justice incorporates different dimensions of justice. As you can see in Figure 1, these include distributive justice (fairness in outcomes), procedural justice (fairness in processes), recognition justice (redressing cultural and social marginalisation) and interconnection, which sits around the circles as a meta-justice consideration.

Concentric circle diagram showing “Access to Justice” at centre, surrounded by layers labelled Distribution, Procedural, Recognition, and outer layer Interconnection, illustrating linked justice dimensions.
Figure 2: Access to justice. Source: Reproduced with permission from the Federation of Community Legal Centres, in Climate Justice Field Guide for Community Legal Centres (2025).

  1. Stephane Hallegate et al, Shock Waves: Managing the Impacts of Climate Change on Poverty (World Bank, 2016) 79; Mehmet Ulubasoglu, ‘The Unequal Burden of Disasters in Australia’ (2020) 35(4) Australian Journal of Emergency Management.
  2. For a useful description we recommend: Federation of Community Legal Centres Victoria, Literature Review: Climate Change Impacts on Access to Justice (November 2023). <https://assets.nationbuilder.com/fclc/pages/835/attachments/original/1717638108/Climate_Change_Impacts_on_Access_to_Justice_Literature_Review.pdf?1717638108>.

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