Browsing by Subject "migration."

Climate migration raises both justice and human rights concerns, yet no existing treaty explicitly addresses it, leaving climate migrants in a legal limbo. This study assesses how the European Union's international protection system can evolve to effectively mitigate the vulnerability of climate migrants. The analysis incorporates the principle of non-refoulement from the European Convention on Human Rights and the principle of Common but Differentiated Responsibilities and Respective Capabilities in climate agreements. Using a legal doctrinal approach, the study analyses existing legal frameworks, uniquely integrating the perspective of vulnerability theory. This ethical framework emphasizes the universal vulnerability of individuals and seeks strategies to reduce vulnerability, rooted in societal structures and legal constructs. The study applies vulnerability theory specifically to the context of climate migration. Vulnerability analysis reveals that both the vulnerabilities driving migration and the uncertain legal status of climate migrants are products of the international community necessitating a collective response. The study centers on the 1951 Refugee Convention and the interpretation of the principle of non-refoulement by the European Court of Human Rights. It examines the right to life in the context of environmental disasters and its application to socio-economic rights. The research investigates the compatibility of the European Union’s international protection residence permit system with the non-refoulement principle and climate agreement burden-sharing principles. Relevant sources include recommendations from the United Nations Refugee Agency, decisions from the European Court of Human Rights and the Court of Justice of the European Union, along with existing scholarly literature. The Qualification Directive (2011/95/EC) mirrors the refugee definition of the Refugee Convention. The study reveals that individuals seeking international protection due to the adverse effects of climate change may have legitimate fears of persecution when addressing climate change's adverse effects in the broader social policy framework. Additionally, the study argues that adopting a vulnerability-based approach, especially under Article 3 of the European Convention on Human Rights, can broaden the scope of the non-refoulement principle in the context of climate change and enhance substantive equality, addressing climate migrants' material deprivation in their countries of origin. However, the European Convention on Human Rights does not regulate residence permits; instead, they fall under European Union law. The Court of Justice of the European Union has clarified that subsidiary protection necessitates the deliberate infliction of severe harm by a specific actor and cannot be attributed to general deficiencies in the country of origin. This perspective diverges from the interpretation of the European Court of Human Rights. To bridge the gap in current protections, the European Union should introduce a new category of residence permits for climate migrants, humanitarian protection, recognizing the connection between human rights and the environment. Such humanitarian protection would reflect fair burden-sharing, safeguard against refoulement, and address the vulnerability experienced by climate migrants within the framework of international human rights law.