Legal protection of climate refugees: a gap in International Law and the theory of ecological vulnerability
Year: 2024
Type: article
Abstract: The lack of legal protection for climate refugees represents one of the main gaps in International Law, as the 1951 Convention and its 1967 Protocol do not include forced displacements caused by environmental factors. The increasing intensification of natural disasters and environmental degradation already affects millions of people, making it essential to expand the legal debate on the need for humanitarian protection for this vulnerable population. This study investigates the relationship between climate change and forced displacement, analyzing the insufficiency of the current legal framework and proposing alternatives to ensure fundamental rights for climate refugees. The research employs the hypothetical-deductive method with a qualitative approach, based on bibliographic and documentary review. The theory of ecological vulnerability emerges as a possible solution in the absence of a specific legal framework, as it highlights the interdependence between human beings and the environment. Together with the principle of non-refoulement, this theory can support more effective protection for climate refugees, preventing Human Rights violations. It is concluded that the formal recognition of climate refugees is an urgent necessity to ensure their security and dignity, requiring the adaptation of International Law and the implementation of global policies aimed at mitigation and adaptation to climate change.
DOI: 10.38116/rtm36art17
Authors: Andreza Dalla Costa, Lygia Maria Copi
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4414869124