HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

2.

The Legal Framework for Climate-Induced Displacement

2.1 Environmental Migrants Under International Law Relocation due to environmental shifts has been a constant throughout our history 16 , yet there is no globally accepted definition of environmental migrants. One proposed definition describes an environmental migrants as: “persons or groups of persons who, for compelling reasons of sudden or progressive changes in the environment that adversely affect their lives or living conditions, are obliged to leave their habitual homes or choose to do so, either temporarily or permanently, and who move either within their country or abroad”. 17 Another attempts to capture the elements that a definition should also include such as: “‘forced migration, temporary or permanent relocation, movement across the borders, disruption consistent with climate change, sudden or gradual environmental disruption, and a more than likely standard for human contribution to the disruption.” 18 The concept of human displacement occurring as a result of climate change is a relatively recent conceptualization in contrast to the more traditional categories associated with refugees, such as persecution based on race, religion, nationality, membership in a particular social group, or political opinion. 19 The doctrine has largely shown that, in the current state of the law, it is inappropriate to describe people who migrate due to environmental factors as environmental refugees. 20 Moreover, it is very problematic to describe them as refugees because displacement in the context of natural disasters and climate change makes it difficult to fit into protected grounds within the meaning of the Refugee Convention. According to the High Commissioner, while some individuals displaced due to climate change may be covered by the Refugee Convention (such as those compelled to relocate due to violent conflicts rooted in environmental causes), the majority will not. 21 This 16 BORGES, I. M. Environmental Change, Forced Displacement and International Law: From Legal Protection Gaps to Protection Solutions . 2018, p. 16. ISBN 978-1-138-55848-8. 17 International Organization for Migration. Outlook on migration, environment and climate change. [online] Geneva: IOM, 2014, p. 56 [cit. 2024-06-18]. Available at: https://publications.iom.int/books/ iom-outlook-migration-environment-and-climate-change?utm_source.com. 18 DOCHERTY, B.; Giannini, T. Symposium. Confronting a Rising Tide: A Proposal for a Climate Refugee Treaty. In Harvard EVITL Law Review 2009, [online]. Vol. 33, p. 349, 372, 385 [cit. 2024-06-18]. Available at:https://climate.law.columbia.edu/sites/climate.law.columbia.edu/files/ content/5c3e836f23a774ba2e115c36a8f72fd3e218.pdf. 19 WILLIAMS, A. Turning the Tide. Recognizing Climate Change Refugees in International Law. In Law&Policy [online]. 2008, Vol. 30, No. 4, p. 502–529 [cit. 2024-06-15]. DOI: 10.1111/j.1467-9930.2008.00290.x. Available at: https://onlinelibrary.wiley.com/doi/10.1111/j.1467-9930.2008.00290.x?utm_source.com. 20 COURNIL, C. Chapter 5: The inadequacy of international refugee law in response to environmental migration . In Research Handbook on Climate Change, Migration and the Law , UK: Edward Elgar Publishing. 2017, p. 86. ISBN 978-1-78536-658-9. 21 UNHCR Innovation Service. Why UNHCR is taking action on climate change displacement. ESSAYS from the edge of humanitarian innovation, Year in review 2017 [online]. Geneva, 2017 [cit. 2024-06-15]. Available at: https://www.unhcr.org/innovation/wp-content/uploads/2018/01/ InnovationYearInReview2017_web.pdf.

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