Climate displacement under international law: the recent practice of human rights treaty monitoring bodies and other international judicial bodies

Abstract

Lo “sfollamento climatico” nel diritto internazionale: la prassi recente degli organismi di monitoraggio dei trattati sui diritti umani e di altri organi giudiziari internazionali - The article examines the gradual emergence of international legal protection for persons displaced by climate-related environmental harm. It analyses recent jurisprudence and interpretative practice of international and regional human rights bodies, showing how existing legal norms – particularly the right to life and the prohibition of inhuman treatment – are increasingly applied to situations of environmental degradation and slow-onset disasters. Rather than creating a new category of “climate refugees”, these bodies have expanded the scope of established obligations, especially the principle of non-refoulement, by recognising that severe environmental conditions may expose individuals to a real risk of irreparable harm. The article further explores preventive and positive duties of States, including adaptation measures and the protection of vulnerable populations. It concludes that a coherent protection framework is gradually emerging through the interpretation of existing international law, and that human rights bodies and other international judicial institutions will play a key role in further shaping it.

Keywords: Climate change; Environmental migration; Displacement; Human Rights; Non-refoulement