Climate-Induced Displacement and International Human Rights Law: Towards a Complementary Protection Framework
DOI:
https://doi.org/10.5281/zenodo.22917940Keywords:
Climate-Induced Displacement, Environmental Migrants, Human Rights Law, Non-Refoulement, Complementary ProtectionAbstract
This article addresses the critical governance gap in public international law concerning individuals displaced across international borders by the slow-onset and sudden-onset effects of climate change. The central research question examines how international human rights law (IHRL) can be systematically operationalised to provide a complementary protection framework for these individuals, given their exclusion from the 1951 Refugee Convention. Employing a doctrinal and jurisprudential methodology, this article analyzes recent regional and international case law, focusing specifically on the landmark decision of the United Nations Human Rights Committee in Ioane Teitiota v. New Zealand. The principal argument posits that while the traditional refugee paradigm remains structurally inadequate due to the absence of a distinct persecutor or an identity-based nexus, the expanding scope of non-refoulement under the International Covenant on Civil and Political Rights (ICCPR)—specifically Article 6 (right to life) and Article 7 (prohibition of cruel, inhuman, or degrading treatment)—offers an actionable legal pathway. The principal contribution of this article is the formulation of a structured, objective legal framework that integrates socio-economic rights from the International Covenant on Economic, Social and Cultural Rights (ICESCR) to define the threshold of a "life with dignity," thereby enabling domestic immigration tribunals to evaluate climate-induced refoulement claims systematically.
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References
Convention Relating to the Status of Refugees (1951) 189 UNTS 137.
International Covenant on Civil and Political Rights (1966) 999 UNTS 171.
United Nations Framework Convention on Climate Change (1992) 1771 UNTS 107.
United Nations, Guiding Principles on Internal Displacement (1998).
UN General Assembly, The Human Right to a Clean, Healthy and Sustainable Environment, UNGA Res 76/300 (2022).
Human Rights Committee, Ioane Teitiota v New Zealand, Communication No 2728/2016, UN Doc CCPR/C/127/D/2728/2016 (2019).
International Court of Justice, Obligations of States in Respect of Climate Change, Advisory Opinion (2025).
Atapattu S, Human Rights Approaches to Climate Change: Challenges and Opportunities (Routledge 2015).
Atapattu S, ‘Climate Change and Displacement: Protecting “Climate Refugees” within a Framework of Justice and Human Rights’ (2020) 11 Journal of Human Rights and the Environment 86.
McAdam J, Climate Change, Forced Migration, and International Law (Oxford University Press 2012).
McAdam J, ‘Climate Change Displacement and International Law: Complementary Protection Standards’ (UNHCR Research Paper No 19, 2011).
UNHCR, Legal Considerations Regarding Claims for International Protection Made in the Context of the Adverse Effects of Climate Change and Disasters (2020).
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